Coster Diamonds

GENERAL TERMS AND CONDITIONS OF SALE, OF DELIVERY AND OF PAYMENT OF COSTER DIAMONDS B.V.

1.            Definitions

In these Terms and Conditions the following definitions apply:

a.                   Vendor:

The private limited company with limited liability

Coster Diamonds B.V., domiciled in Amsterdam (KvK 33180723)(Chamber of Commerce 33180723) trading under the name of Coster Diamonds B.V..

b.                   Buyer:

Every (legal) person with whom the Vendor enters into an agreement concerning the sale and delivery of Goods and/or the delivery of services, or to whom the Vendor is making an offer concerning this;

c.                   Agreement:

The agreement between the Vendor and the Buyer to the sale and the delivery of Goods and/or the delivery of services;

            d.         Goods:

Movable goods, in particular diamonds, gemstones, jewels, precious metal and watches.

            e.         Purchase price:

The price that the Buyer is due to the Vendor on account of the Agreement.

f.          Terms and conditions:

The terms and conditions of sale, of delivery and of payment under consideration.

2.         Applicability

2.1        The terms and conditions are applicable to all special offers and quotations of, and also the Agreements with the Vendor. Possible Terms of the Buyer are not applicable to the Agreement, unless the Vendor has accepted the applicability of those terms explicitly and in writing. These terms and conditions have been registered at the Chamber of Commerce in Amsterdam.

2.2        The terms and conditions are also applicable to Agreements with the Buyer for the realization of which a third party is to be involved.

2.3        Departures and/or additions to any stipulation of the Terms and Conditions shall concern exclusively the Agreement concerned and shall apply only in the event of and as far as there is an agreement in writing.

3.         Quotations

3.1        Unless it is agreed in writing otherwise, all quotations, special offers, including advertisements, price lists and price tags of the Vendor are free of engagement and valid for a period of 4 weeks.

3.2        Obvious mistakes and writing errors in quotations, confirmations of orders, invoices and/or other documents including the Vendor’s website, shall not bind the Vendor.

3.3        All delivered designs, drawings and other documents included in a quotation and also the industrial and intellectual properties on this, shall remain owned by the Vendor at all times, and these Goods are to be returned to the Vendor immediately by the first request to that effect. The Buyer will refrain from behaviour by which the Vendor’s rights and/or interests concerning this could be damaged.

3.4        Special offers and/or quotations do not apply to reorders, unless it is determined explicitly and in writing otherwise by the Vendor.

4.         Agreement

4.1        Unless it is a question of sale of Goods directly available from stock, an Agreement shall only be effected if and as far as the Vendor has confirmed this within 30 days in writing to the Buyer, or if the Vendor has started the realization thereof, after receipt of a signed quotation by the Buyer.

5.         Payment

5.1        Vendor’s Prices for consumers are including sales tax, unless stated expressly otherwise.

5.2       Unless it is agreed beforehand in writing, the costs of delivery, including the costs of insurance against damage, loss and/or theft are not included in the Vendor’s prices.

5.3        If it has been agreed by both parties that payment by the Buyer takes place based on an invoice received by him from the Vendor, this invoice is to be paid within 14 days, in default of which the Buyer without reminder or further notice will be in default. In that case the Buyer will be liable for the lawful interest on the amount due, increased with 2%, and also extrajudicial and judicial collection costs.

5.4        Unforeseen price increases after realization of the Agreement, yet before delivery of the Goods to the Buyer can be passed on by the Vendor. The Buyer, if a consumer, in that case has the right to undo the Agreement.

5.5       Without prejudice to that specified in Article 7.3 the Vendor is authorized to balance an initial payment by the Buyer with the costs made by him, if after realization of the Agreement the Goods have not been purchased by the Buyer within 90 days after the day of the initial payment and the remainder of the Purchase price has not been paid. The Vendor then is authorized to undo the Agreement. In that case the costs made by the Vendor are fixed at an amount that equals at least 10% of the Purchase price. The specified in this paragraph leaves intact the Vendor’s entitlement full damages.

5.6       If and as far as the Vendor is liable to any payment to the Buyer, the payment will be in Euros. In the case that the Purchase price has been paid in another currency than in guilders/euros, the Purchase price is considered to be paid in guilders/euros.

5.7        Payment of the Purchase price by the Buyer in instalments is possible, such if this has been permitted by the Vendor to the Buyer prior to the purchase expressly in writing. In that case the Buyer can be compelled by the Vendor to pay half of the Purchase price at the most by prepayment to the Vendor.

6.         Period of delivery

6.1        A period of delivery as given by the Vendor may only be seen as an indication and is not an expiration date, unless it has been agreed otherwise in writing.

6.2        A given period of delivery begins at the day of the realization of the Agreement. If the Vendor needs to have certain information, materials and articles in order to realize the Agreement and/or if an initial payment on the Purchase price of the Buyer has been stipulated, the period of delivery begins at the moment the Vendor has the intended information, materials or articles in his possession and/or if the Vendor has received the agreed initial payment.

7.         Delivery

7.1       Delivery of Goods happens ex Vendor’s company.

7.2        Only on special request of the Buyer the Vendor takes care of delivery of the Goods supplied by him.

7.3        The Buyer is bound to purchase the Goods bought by him, within 10 days after the Vendor has informed the Buyer that these are ready for delivery. In default of which the Buyer will be in default without further notice. In that case the Vendor is authorized, without prejudice to his other rights, to store the Goods that were not purchased for the Buyer’s account and at his risk or to undo the Agreement and to sell and deliver the Goods that were not purchased for a reasonable price to a third party. In this case the Buyer is due to the Vendor, by way of fixed damages, an amount that equals the Purchase price minus the net proceeds of the sale of the Goods to a third party.

7.4        If the Agreement concerns several Goods the delivery can take place as a whole or in stages. At delivery in stages the Buyer is liable to pay the invoice concerning that delivery as if it were an Agreement on its own.

7.5        The Vendor is allowed to call in a third party to realize the Agreement.

7.6        The sending with or forwarding of Goods is only possible in The Netherlands after permission in writing of the Vendor. Consignments on approval that are not being kept, are to be returned to the Vendor within 10 days. In default of this these Goods will be considered to be purchased by the Buyer. The recipient of the consignments on approval is to take care of the Goods as a careful debtor, in default of which he is liable for the damage that has arisen in the above mentioned period.

7.7       Giving Goods in loan is only possible after the Vendor’s permission in writing. The Goods are to be returned by the borrower in the state in which they were when the loaning agreement began, in default of which the borrower is liable for the all damages that have arisen in the period of loan.

8.         Ownership conditions

8.1        The ownership of the delivered Goods to the Buyer is only passed on to him after he has paid completely all that he is due in the matter of the delivered Goods to the Buyer.

8.2        As long as the Vendor owns the delivered Goods, the Buyer is to inform the Vendor in writing immediately when the Goods are (threatened to be) seized or if otherwise that Goods are claimed. The Buyer has the same liability when suspension of payment is applied or his petition in bankruptcy is filed. In this case the Buyer is to return the Goods on the Vendor’s first request. The Vendor will be able to retrieve the Goods, if necessary at the expense of the Buyer, wherever they are.

9.         Complaints, exchange, repairs

9.1        The Buyer is liable to inspect the Goods on the presence of possible defects, immediately at delivery of the purchased Goods and to inform the Vendor of these in writing within 8 days after delivery, in default of which the Goods will be regarded as to be delivered in good state and accepted. In the case of the Buyer’s domicile or residence being outside The Netherlands a period of 20 days is valid.

9.2        Complaints on not promptly visible defects are to be communicated immediately after discovery to the Vendor in writing, yet not later than 1 year after its purchase, in default of which the Goods are regarded as to be delivered in good state and accepted.

9.3        Complaints do not suspend the Buyer’s obligation of payment.

9.4        Exchange of purchased Goods is possible within 8 days after the day of delivery at the latest. The Vendor is only bound to honour a request for exchange if the request has reached him within the period mentioned earlier, such on submission by the Buyer of (i) the receipt, proof of payment or purchase account, and also (ii) the undamaged and unaltered Goods that are to be exchanged. The Buyer cannot make claim to restitution of the Purchase price in any case.

9.5       The possibility of exchange as described in the previous paragraph is not valid for Goods that were bought by the Buyer in the sales or for Goods that were ordered on the Buyer’s request especially by the Vendor, for colour and/or produced on material choice.

9.6        The Vendor guarantees origin, colour and purity of the by the Vendor sold and delivered Goods. Concerning the repairs made by the Vendor to the Goods a warranty period of one year applies, starting from the day of delivery of the repaired Goods to the Buyer.

10.       Liability

10.1      If the Vendor is liable for damages, apart from the imperative judicial provisions of Section 6.3.3. Civil Code, as a result of an accountable defect in the observance of the Agreement with the Buyer and/or on account of a by the Vendor towards the Buyer committed wrongful act, the Vendor will be due a recompense of at the most the amount that as a result of the Agreement concerned can be or is charged to the Buyer, unless the damages are caused by intent and/or gross guilt of the Vendor or his subordinates.

10.2      For possible vaguenesses, mutilations, delays or coming through sufficiently of orders and information as a result of the use of the Internet or any other (electronic) communication device in the traffic between the Buyer and the Vendor, or between the Vendor and a third party, the Vendor will be due a recompense of at the most the amount that as a result of the Agreement concerned can be or is charged to the Buyer, unless the damages are caused by intent and/or gross guilt of the Vendor or his subordinates.

10.3      The Vendor is not liable for possible damage as a result of theft, missing, damaging and/or personal injury experienced by the Buyer during the Buyer’s visit to the sales room of the Vendor, unless the damages are caused by intent and/or gross guilt of the Vendor or his subordinates.

11.       Force Majeure

11.1     Without prejudice to the accruing rights, the Vendor has in case of force majeure the right to postpone the realization of the Agreement with the Buyer, to his own choice, or to undo the Agreement without judicial interference, by informing the Buyer in writing and without the Vendor being due any compensation, unless this would be unacceptable in the given circumstances to standards of reason and fairness.

11.2     By force majeure is meant any shortcoming which can not be attributed to the Vendor, as he is not to blame and cannot be attributed to him under the law, legal act or opinions valid in traffic. Among other things by force majeure is meant: defects in or a delayed delivery of raw materials needed and/or ordered by the Vendor, natural disasters, (civil) war, risk of war, revolts, difficulties in transport, fire and malfunctions in the Vendor’s company or in that of his suppliers.

12.       Applicable law

12.1      The Dutch law is applicable to all Agreements with the Vendor. The applicability of the Vienna Sales Act of 1980 is impossible.

12.2      All disputes that originate as a result of the Agreement or the Terms and Conditions that apply to that, will be brought to the Amsterdam District Court, unless the dispute is to be brought to the cantonal judge based on the applicable statutory regulations.

13        Sundries

13.1      In case of a difference of opinion between the Vendor and the Buyer on the translation and/or interpretation of the Terms and Conditions, its Dutch version is decisive.

13.2     If one or more of the conditions of these Terms and Conditions or any other Agreement with the Vendor is contrary to any applicable legal prescription, the relevant condition will be defunct and will be substituted by a new judicially applicable similar condition to be determined by the Vendor.


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	General terms and conditions GENERAL TERMS AND CONDITIONS OF SALE, OF DELIVERY AND OF PAYMENT OF COSTER DIAMONDS B.V. 1. Definitions In these Terms and Conditions the following definitions apply: a. Vendor: The private limited company with limited liability Coster Diamonds B.V., domiciled in Amsterdam (KvK 33180723)(Chamber of Commerce 33180723) trading under the name of Coster Diamonds B.V.. b. Buyer: Every (legal) person with whom the Vendor enters into an agreement concerning the sale and delivery of Goods and/or the delivery of services, or to whom the Vendor is making an offer concerning this; c. Agreement: The agreement between the Vendor and the Buyer to the sale and the delivery of Goods and/or the delivery of services; d. Goods: Movable goods, in particular diamonds, gemstones, jewels, precious metal and watches. e. Purchase price: The price that the Buyer is due to the Vendor on account of the Agreement. f. Terms and conditions: The terms and conditions of sale, of delivery and of payment under consideration. 2. Applicability 2.1 The terms and conditions are applicable to all special offers and quotations of, and also the Agreements with the Vendor. Possible Terms of the Buyer are not applicable to the Agreement, unless the Vendor has accepted the applicability of those terms explicitly and in writing. These terms and conditions have been registered at the Chamber of Commerce in Amsterdam. 2.2 The terms and conditions are also applicable to Agreements with the Buyer for the realization of which a third party is to be involved. 2.3 Departures and/or additions to any stipulation of the Terms and Conditions shall concern exclusively the Agreement concerned and shall apply only in the event of and as far as there is an agreement in writing. 3. Quotations 3.1 Unless it is agreed in writing otherwise, all quotations, special offers, including advertisements, price lists and price tags of the Vendor are free of engagement and valid for a period of 4 weeks. 3.2 Obvious mistakes and writing errors in quotations, confirmations of orders, invoices and/or other documents including the Vendor’s website, shall not bind the Vendor. 3.3 All delivered designs, drawings and other documents included in a quotation and also the industrial and intellectual properties on this, shall remain owned by the Vendor at all times, and these Goods are to be returned to the Vendor immediately by the first request to that effect. The Buyer will refrain from behaviour by which the Vendor’s rights and/or interests concerning this could be damaged. 3.4 Special offers and/or quotations do not apply to reorders, unless it is determined explicitly and in writing otherwise by the Vendor. 4. Agreement 4.1 Unless it is a question of sale of Goods directly available from stock, an Agreement shall only be effected if and as far as the Vendor has confirmed this within 30 days in writing to the Buyer, or if the Vendor has started the realization thereof, after receipt of a signed quotation by the Buyer. 5. Payment 5.1 Vendor’s Prices for consumers are including sales tax, unless stated expressly otherwise. 5.2 Unless it is agreed beforehand in writing, the costs of delivery, including the costs of insurance against damage, loss and/or theft are not included in the Vendor’s prices. 5.3 If it has been agreed by both parties that payment by the Buyer takes place based on an invoice received by him from the Vendor, this invoice is to be paid within 14 days, in default of which the Buyer without reminder or further notice will be in default. In that case the Buyer will be liable for the lawful interest on the amount due, increased with 2%, and also extrajudicial and judicial collection costs. 5.4 Unforeseen price increases after realization of the Agreement, yet before delivery of the Goods to the Buyer can be passed on by the Vendor. The Buyer, if a consumer, in that case has the right to undo the Agreement. 5.5 Without prejudice to that specified in Article 7.3 the Vendor is authorized to balance an initial payment by the Buyer with the costs made by him, if after realization of the Agreement the Goods have not been purchased by the Buyer within 90 days after the day of the initial payment and the remainder of the Purchase price has not been paid. The Vendor then is authorized to undo the Agreement. In that case the costs made by the Vendor are fixed at an amount that equals at least 10% of the Purchase price. The specified in this paragraph leaves intact the Vendor’s entitlement full damages. 5.6 If and as far as the Vendor is liable to any payment to the Buyer, the payment will be in Euros. In the case that the Purchase price has been paid in another currency than in guilders/euros, the Purchase price is considered to be paid in guilders/euros. 5.7 Payment of the Purchase price by the Buyer in instalments is possible, such if this has been permitted by the Vendor to the Buyer prior to the purchase expressly in writing. In that case the Buyer can be compelled by the Vendor to pay half of the Purchase price at the most by prepayment to the Vendor. 6. Period of delivery 6.1 A period of delivery as given by the Vendor may only be seen as an indication and is not an expiration date, unless it has been agreed otherwise in writing. 6.2 A given period of delivery begins at the day of the realization of the Agreement. If the Vendor needs to have certain information, materials and articles in order to realize the Agreement and/or if an initial payment on the Purchase price of the Buyer has been stipulated, the period of delivery begins at the moment the Vendor has the intended information, materials or articles in his possession and/or if the Vendor has received the agreed initial payment. 7. Delivery 7.1 Delivery of Goods happens ex Vendor’s company. 7.2 Only on special request of the Buyer the Vendor takes care of delivery of the Goods supplied by him. 7.3 The Buyer is bound to purchase the Goods bought by him, within 10 days after the Vendor has informed the Buyer that these are ready for delivery. In default of which the Buyer will be in default without further notice. In that case the Vendor is authorized, without prejudice to his other rights, to store the Goods that were not purchased for the Buyer’s account and at his risk or to undo the Agreement and to sell and deliver the Goods that were not purchased for a reasonable price to a third party. In this case the Buyer is due to the Vendor, by way of fixed damages, an amount that equals the Purchase price minus the net proceeds of the sale of the Goods to a third party. 7.4 If the Agreement concerns several Goods the delivery can take place as a whole or in stages. At delivery in stages the Buyer is liable to pay the invoice concerning that delivery as if it were an Agreement on its own. 7.5 The Vendor is allowed to call in a third party to realize the Agreement. 7.6 The sending with or forwarding of Goods is only possible in The Netherlands after permission in writing of the Vendor. Consignments on approval that are not being kept, are to be returned to the Vendor within 10 days. In default of this these Goods will be considered to be purchased by the Buyer. The recipient of the consignments on approval is to take care of the Goods as a careful debtor, in default of which he is liable for the damage that has arisen in the above mentioned period. 7.7 Giving Goods in loan is only possible after the Vendor’s permission in writing. The Goods are to be returned by the borrower in the state in which they were when the loaning agreement began, in default of which the borrower is liable for the all damages that have arisen in the period of loan. 8. Ownership conditions 8.1 The ownership of the delivered Goods to the Buyer is only passed on to him after he has paid completely all that he is due in the matter of the delivered Goods to the Buyer. 8.2 As long as the Vendor owns the delivered Goods, the Buyer is to inform the Vendor in writing immediately when the Goods are (threatened to be) seized or if otherwise that Goods are claimed. The Buyer has the same liability when suspension of payment is applied or his petition in bankruptcy is filed. In this case the Buyer is to return the Goods on the Vendor’s first request. The Vendor will be able to retrieve the Goods, if necessary at the expense of the Buyer, wherever they are. 9. Complaints, exchange, repairs 9.1 The Buyer is liable to inspect the Goods on the presence of possible defects, immediately at delivery of the purchased Goods and to inform the Vendor of these in writing within 8 days after delivery, in default of which the Goods will be regarded as to be delivered in good state and accepted. In the case of the Buyer’s domicile or residence being outside The Netherlands a period of 20 days is valid. 9.2 Complaints on not promptly visible defects are to be communicated immediately after discovery to the Vendor in writing, yet not later than 1 year after its purchase, in default of which the Goods are regarded as to be delivered in good state and accepted. 9.3 Complaints do not suspend the Buyer’s obligation of payment. 9.4 Exchange of purchased Goods is possible within 8 days after the day of delivery at the latest. The Vendor is only bound to honour a request for exchange if the request has reached him within the period mentioned earlier, such on submission by the Buyer of (i) the receipt, proof of payment or purchase account, and also (ii) the undamaged and unaltered Goods that are to be exchanged. The Buyer cannot make claim to restitution of the Purchase price in any case. 9.5 The possibility of exchange as described in the previous paragraph is not valid for Goods that were bought by the Buyer in the sales or for Goods that were ordered on the Buyer’s request especially by the Vendor, for colour and/or produced on material choice. 9.6 The Vendor guarantees origin, colour and purity of the by the Vendor sold and delivered Goods. Concerning the repairs made by the Vendor to the Goods a warranty period of one year applies, starting from the day of delivery of the repaired Goods to the Buyer. 10. Liability 10.1 If the Vendor is liable for damages, apart from the imperative judicial provisions of Section 6.3.3. Civil Code, as a result of an accountable defect in the observance of the Agreement with the Buyer and/or on account of a by the Vendor towards the Buyer committed wrongful act, the Vendor will be due a recompense of at the most the amount that as a result of the Agreement concerned can be or is charged to the Buyer, unless the damages are caused by intent and/or gross guilt of the Vendor or his subordinates. 10.2 For possible vaguenesses, mutilations, delays or coming through sufficiently of orders and information as a result of the use of the Internet or any other (electronic) communication device in the traffic between the Buyer and the Vendor, or between the Vendor and a third party, the Vendor will be due a recompense of at the most the amount that as a result of the Agreement concerned can be or is charged to the Buyer, unless the damages are caused by intent and/or gross guilt of the Vendor or his subordinates. 10.3 The Vendor is not liable for possible damage as a result of theft, missing, damaging and/or personal injury experienced by the Buyer during the Buyer’s visit to the sales room of the Vendor, unless the damages are caused by intent and/or gross guilt of the Vendor or his subordinates. 11. Force Majeure 11.1 Without prejudice to the accruing rights, the Vendor has in case of force majeure the right to postpone the realization of the Agreement with the Buyer, to his own choice, or to undo the Agreement without judicial interference, by informing the Buyer in writing and without the Vendor being due any compensation, unless this would be unacceptable in the given circumstances to standards of reason and fairness. 11.2 By force majeure is meant any shortcoming which can not be attributed to the Vendor, as he is not to blame and cannot be attributed to him under the law, legal act or opinions valid in traffic. Among other things by force majeure is meant: defects in or a delayed delivery of raw materials needed and/or ordered by the Vendor, natural disasters, (civil) war, risk of war, revolts, difficulties in transport, fire and malfunctions in the Vendor’s company or in that of his suppliers. 12. Applicable law 12.1 The Dutch law is applicable to all Agreements with the Vendor. The applicability of the Vienna Sales Act of 1980 is impossible. 12.2 All disputes that originate as a result of the Agreement or the Terms and Conditions that apply to that, will be brought to the Amsterdam District Court, unless the dispute is to be brought to the cantonal judge based on the applicable statutory regulations. 13 Sundries 13.1 In case of a difference of opinion between the Vendor and the Buyer on the translation and/or interpretation of the Terms and Conditions, its Dutch version is decisive. 13.2 If one or more of the conditions of these Terms and Conditions or any other Agreement with the Vendor is contrary to any applicable legal prescription, the relevant condition will be defunct and will be substituted by a new judicially applicable similar condition to be determined by the Vendor.


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