General

General Terms and Conditions of Sale and Delivery Hollandgold

Article 1. General

1.1 These General Terms and Conditions of Sale and Delivery (hereinafter: "T&C") form part of all agreements and apply to all related (legal) acts (including proposals, quotations and offers) of Bulliongroup B.V., trading under the name "Holland Gold" (hereinafter: "Seller"). Bulliongroup B.V. is registered with the Chamber of Commerce under number 55478778.

1.2 The applicability of any general or specific terms and conditions used by the customer ("Customer") of the Seller is hereby expressly rejected by the Seller.

1.3 Deviations and/or additions to these GTC are only valid if they have been confirmed in writing by the Seller to the Client. Seller expressly reserves the right to amend these T&Cs.

Article 2. Offers, quotations and agreement

2.1 All quotations and offers provided by the Seller, as well as all other conditions stated by the Seller in this regard, are valid as a non-binding offer and are never intended as an offer that can lead to an agreement by mere acceptance by the Client. Quotations should only be regarded as an invitation to the Client to enter into an agreement with the Seller.

2.2 Any order placed with the Seller shall be deemed to contain an irrevocable, non-binding order from the Client, regardless of any communication to the contrary from the Client.

2.3 Any changes to the Client's order proposed by the Seller shall be deemed to be a new offer which must be accepted by the Client by telephone, electronically or in writing.

2.4 Any offer made by the Seller is without obligation and can be revoked by the Seller in writing up to 7 (seven) days after acceptance, unless otherwise agreed between the parties.

2.5 An agreement is only concluded after the Seller has accepted an assignment by telephone, in writing or via its online portal, or after the conclusion of the agreement has been demonstrated by executing the assignment.

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 there will be no deviations in this respect.

2.7 The Seller guarantees to the Client that it will at all times buy back goods purchased from the Seller at a market price. The conclusion of such an agreement takes place in consultation between the parties. In doing so, the Client must at all times provide the Seller with a copy of a valid proof of identity.

Article 3. Prices and payment

3.1 Prices will be determined by the Seller, if applicable, on the basis of the last known prevailing precious metal prices, plus manufacturing costs, sales premiums, taxes and/or duties.

3.2 All prices quoted by Seller are exclusive of any additional costs, such as, but not limited to: packaging, transport, shipping, storage and/or insurance. Such costs shall be borne by the Customer and shall be charged by the Seller in addition to the prices quoted, unless otherwise expressly agreed between the Seller and the Client.

3.3 All prices quoted are inclusive of VAT, unless otherwise stated.

3.4 All invoices must be paid within 48 (forty-eight) hours after the time the invoice is sent to the Customer, unless otherwise agreed between the Customer and the Seller. Payment terms are considered to be strict deadlines, as a result of which the Client is in default by operation of law if they are exceeded.

3.5 From the moment that the Client is in default, the Seller is entitled to charge statutory interest from the due date, without prejudice to any other rights to which the Seller is entitled.

3.6 All (extra)judicial costs that must be incurred by the Seller in order to achieve compliance with the agreement will be borne by the Client. The extrajudicial collection costs amount to 15% of the order amount, with a minimum of €150 (in words: one hundred and fifty euros).

3.7 Payment shall be made to a payment method to be specified by the Seller.

3.8 The Seller reserves a right of retention on the goods at all times until the Customer has ensured full payment (including the payment of any previous deliveries) or has provided sufficient security for the fulfilment of all existing and future payment obligations already to be determined.

3.9 The Client is not entitled to set off any claim against claims of the Seller.

Article 4. Delivery

4.1 Goods will only be delivered after payment has been made in accordance with Article 3 of the GTC, unless otherwise agreed in writing. When purchasing precious metals above an amount of € 10,000 (in words: ten thousand euros), the Customer must provide the Seller with a copy of a valid proof of identity at the first request of the Seller. Delivery can only be made after receipt of this.

4.2 All delivery periods specified by the Seller are only approximate, exceeding these delivery periods does not constitute an attributable shortcoming on the part of the Seller.

4.3 The moment of delivery is deemed to be the moment that the goods are made available to the Customer, or a party designated by the Customer, at the address of the Seller or at another address designated by the Seller. The Seller has the right to deliver an order in instalments at any time.

4.4 The Customer may choose to have the goods insured by the Seller shipped to an address specified by the Customer. The Client can also choose to arrange for the transport of the goods himself, or to collect them at a location agreed between the parties. In the latter cases, the Client must take care of the insurance of the goods from the date of making the goods available.

4.5 If the Customer has not collected the goods from the Seller or a third party within 5 (five) days after the date of making them available, 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 transport of the goods, the Seller is free to determine the mode of transport. In this case, the Customer must enable the Seller to deliver the goods to the Customer in accordance with the shipping instructions given, failing which the Seller is entitled to charge (storage) costs.

4.7 The Client may choose to have the goods stored insured via the Seller in a safe with a third party. In this case, the Customer authorizes the Seller to transfer the goods to this party, in accordance with the conditions set out in Article 5 of the GTC.

4.8 If it has been agreed that the Seller will take care of the insurance of the goods, insurance will take place under the terms and conditions customary with the Seller.

4.9 Each delivery period will be extended by operation of law by the period during which force majeure occurs, without the Seller having to invoke the extension of the term in advance.

4.10 If the agreement relates to forward precious metals trading, the delivery period will be calculated from the moment that the buyer has provided the security required by the Seller.

4.11 If the Buyer refuses to take delivery of the goods or if he indicates that he no longer appreciates the agreed delivery, he will nevertheless be obliged to pay the agreed price and to compensate the Seller for the costs, damages and interest arising therefrom.

Article 5. Storage

5.1 The storage is done via AunexumSafe BV. The general terms and conditions and other documentation of AunexumSafe apply to the storage of precious metals by customers of Hollandgold. Relevant information and documentation can be found on the website aunexumsafe.nl

Article 6. Retention

6.1 All goods are delivered subject to retention of title and remain the property of the Seller until the Client has fulfilled all its payment obligations, including those that have arisen previously. If payment is made in instalments, the goods will only become the property of the Client after the last instalment has been paid.

6.2 The Client may not transfer the rights and obligations arising from the agreement with the Seller to third parties, unless the Seller has given explicit written permission to do so.

6.3 Before the ownership of the goods has been transferred to the Client, the Client is not entitled to rent them out or to put them into use, to pledge them, or to encumber them in any other way.

Article 7. Advertisements

7.1 All delivered goods must be inspected by the Client immediately upon receipt for any loss or damage. In the event of loss and/or damage, the Client must report this in writing to the Seller within 48 (forty-eight) hours after the goods have been received by the Client. If the Client exceeds this period, or fails to carry out the inspection, all possible obligations of the Seller in this regard will lapse.

7.2 In the event that a complaint by the Seller is found to be well-founded, the Seller can never be obliged to do more than replace the defective goods or to supply the missing quantity additionally, or to credit the invoice related to the delivery with the return of the goods by the Customer, at the discretion of the Seller.

7.3 In the event of a complaint, the goods must be kept available for inspection by the Seller. If possible, inspection will take place at Customer's premises unless Seller deems it necessary for the goods to be returned by Customer in accordance with Seller's instructions.

7.4 The right of complaint lapses if the goods are no longer in the condition in which they were delivered.

7.5 The values of precious metals are partly determined by the current gold and silver prices. In order to prevent speculation, the following goods are excluded from the statutory right of withdrawal, unless fluctuations in the mentioned rates have little or no influence on the purchase price and provided that prior written permission has been granted by the seller:

Gold in bar form, regardless of weight, content and year of issue;
Gold in coin form, regardless of weight, content and year of issue;
Silver in the form of a bar, regardless of weight, content and year of issue;
Silver in coin form, regardless of weight, content and year of issue;
Collectibles that include the items mentioned above.

Fluctuations in gold and silver prices between the purchase and the delivery do not affect the price. The Seller is therefore not responsible and/or liable for exchange rate fluctuations between the moment the agreement is concluded and the delivery of the goods.

Article 8. Liability and damages

8.1 The Seller is only liable for damage if it is caused by intent and/or gross negligence on the part of the Seller.

8.2 The Seller's liability is limited to the net invoice value of the goods and/or services supplied.

8.3 Liability for indirect or consequential damage, including loss of profit, loss suffered or missed assignments, is expressly excluded.

8.4 The limitation of liability applies equally to employees, employees and all other persons used by the Seller for the performance of the Agreement.

8.5 The Client indemnifies the Seller against all claims by third parties.

Article 9. Force majeure

9.1 The Seller is entitled to suspend or cancel all obligations arising from any agreement with the Client in the event of force majeure.

9.2 Force majeure refers to circumstances that 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, strike, operational and transport disruptions, lack of raw materials or energy, delay in delivery by suppliers, special macro-economic or political events, scarcity of precious metals that are not attributable to the seller and/or government measures that make fulfilment of the agreement impossible.

9.3 Orders placed online

on weekdays between 17:00 and 9:00
on weekends; between Friday evening 17:00 and Monday morning 9:00
on public holidays

may be unilaterally revoked by the Seller if external circumstances so require. The Seller must notify the Customer of this no later than 10:00 a.m. on the next working day after the above-mentioned period and/or public holiday. External circumstances are those referred to (but not limited to) in Article 9.2 that cause large (>2%) price increases or decreases of relevant precious metals in a period referred to above, or restrictions in the trading of precious metals or payment transactions.

Article 10. Dissolution

10.1 The agreement between the Client and the Seller may be terminated in whole or in part by one party at any time and without judicial intervention by means of a written notification, without prejudice to other rights to which that party is entitled, including suspension of performance of the obligations arising from the agreement and the claim of full compensation, when one or more of the following situations arises or threatens to occur:

the other party's business is liquidated or discontinued;
the other party applies for or obtains a (provisional) suspension of payments or is declared bankrupt;
the other party loses the right to dispose of its assets or parts thereof by means of seizure, guardianship or otherwise, while it has not regained this power of disposal within 4 (four) weeks of losing them;
The other party must reasonably be considered to be no longer able to fulfil its obligations under the Agreement.

10.2 In the event of dissolution of an agreement, all claims that the parties have against each other shall become immediately due and payable.

Article 11. Governing Law and Disputes

11.1 All legal relationships between Buyer and Seller are governed by Dutch law. Any disputes between the Buyer and the Seller which cannot be settled amicably will be submitted to the competent court of the District Court of Amsterdam.

Article 12. Final provisions

12.1 If one or more provisions of these GTC should prove to be non-binding, the other provisions of these GTC will remain in full force and effect between the parties. The parties undertake to replace the non-binding provisions with binding provisions that deviate as little as possible from the non-binding provisions, taking into account the nature and purport of these GTC.

12.2 These T&Cs have been filed with the Chamber of Commerce in Amsterdam under number 55478778 and have also been published on the Seller's website. A copy of these terms and conditions can be sent free of charge upon request.

12.3 The Dutch text of these T&Cs is binding in the event of a dispute about the content or purport thereof.

12.4 Hollandgold is entitled to unilaterally amend the General Terms and Conditions. Any changes to these General Terms and Conditions will always be announced by Hollandgold at least one month in advance via its website. In the period between the announcement and the actual effective date (i.e. no later than the day before the effective date) of the amendment(s) referred to herein, Client is entitled to terminate the relationship with Hollandgold unilaterally and with immediate effect, subject to the conditions as they apply at that time.

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