Algemene Voorwaarden

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The following terms are deemed to have been agreed upon between the seller and the buyer, both upon signing the intake form and upon signing the quotation. The general terms and conditions of sale are stated on every official document from DELPHINE and are available at all times on the website www.delphinebeuselinck.com.

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Article 1: Definition of goods The term "goods" hereinafter refers to: all products that belong to the seller's normal or temporary assortment. Every good delivered by the seller is unique.

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Article 2: Intake scan – Quotation – Agreement – Cancellation 2.1. The potential customer must schedule an appointment where an intake form is completed. The intake form is a document completed together with a potential buyer. An appointment lasts approximately half an hour. The potential buyer must announce any cancellation of the appointment at least 24 hours in advance. Barring force majeure (such as illness, etc.), a fee of 25.00 EUR will be charged in the event of repeated late notification. In the event of non-notification of cancellation, 50.00 EUR will be charged.

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2.2. During the appointment, the intake form is reviewed, and it is discussed what DELPHINE can do for the buyer. If an agreement is reached to proceed to a design (drawing, sketch, visualization, etc.) of the jewelry, a document will be signed for this purpose. By completing and signing the intake form, the potential buyer accepts the general terms and conditions of sale of DELPHINE. Old gold can be tested for an amount of 199.00 EUR (incl. VAT). If jewelry is ordered after the test, the aforementioned sum will be deducted from the amount of the quotation.

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2.3. The sketch will be provided to the potential buyer together with a quotation for the cost price of the jewelry to be manufactured. The quotation will be delivered to the potential buyer within one month; this term is a guideline and is in no way binding. The quotation is valid for 7 days.

• Upon acceptance of the quotation, a deposit of 50% of the sales price (incl. VAT) will be charged.

• If the design is not accepted, the potential buyer has the right to one free variation of the design. If the potential buyer requests a completely new design, an additional 50.00 EUR (incl. VAT) will be charged for this. Only an order confirmation signed by the buyer binds the seller. The execution of the agreement will further take place in accordance with the general terms and conditions of sale, to the exclusion of the customer's (buyer's) own terms and conditions, even if these are communicated subsequently. During production, photos of the making process will be shared online (www.delphineb.be) and on social media (such as Facebook and Instagram). By signing the quotation, the buyer agrees to this, unless they indicate via email that they do not agree.

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2.4. The person or firm placing the order is considered the client/customer and guarantees payment of the invoice, even when the invoice must be drawn up and sent to a third party.

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2.5. Any cancellation of the order must be made in writing and well before delivery takes place. The order may be canceled free of charge for 3 working days after acceptance of the quotation. A later cancellation is only valid after written acceptance by the seller and is only possible if the production of the jewelry has not yet commenced. Without written acceptance, the sales agreement must be executed, and the full amount is due. In the event of an accepted cancellation (where the jewelry has not yet gone into production), the customer owes a flat-rate fee of 30 percent, calculated on the price of the total order (incl. VAT). This fee covers the fixed and variable costs associated with a cancellation, such as the ordering of gold/silver and other preparatory work.

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2.6. Changes and/or adjustments to previously placed and confirmed orders, either before delivery or after delivery, must follow the same procedure and are only possible with the seller's agreement. Only after the seller's confirmation is the seller bound. This also applies to re-orders.

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Article 3: Description of the goods to be delivered The goods are delivered as determined in the order form or on the front of the invoice. Each good is unique and slight deviations from the design are always possible. The buyer agrees to this and waives any claim for non-conforming delivery insofar as the deviations are minimal and reasonable. (See also Article 6).

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Article 4: The price

4.1. The price is as stated on the quotation and/or invoice, unless the seller finds it necessary to adjust it to the evolution of fixed and/or variable costs resulting from changes in the structure (raw materials, wages, energy, etc.). The quantity of materials (gold, silver, etc.) to be used is estimated in advance when preparing the quotation. Exceptionally, during the actual execution of the jewelry, it may prove necessary to use more (or less) precious metal to manufacture the jewelry. This can only be determined once the jewelry is already in production, at which point the order can no longer be canceled. Deviations of less than 5% (more or less) are for the seller's account. Larger deviations are for the buyer's account and will be charged on the final invoice. In no case may this additional price lead to a protest of the final invoice. The buyer accepts that the risk of any potential additional cost lies with him/her.

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4.2. The price is incl. VAT (unless stated otherwise).

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4.3. The price is excl. delivery, transport, and insurance costs (unless stated otherwise).

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Article 5: Delivery terms

5.1. The goods will be delivered within the period stated on the order form, taking into account the usual tolerance inherent to the nature of the industry or trade. If the buyer is required to collect the goods and fails to do so, storage fees may be charged. In the meantime, the buyer bears the risk.

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5.2. The completion time is a minimum of 2 months and a maximum of 5 months. A faster completion time is possible subject to a surcharge of 10% on the amount of the quotation. The delivery terms or dates stated are provided for information purposes only. The term does not constitute a performance obligation for the seller and is therefore not strictly binding, unless expressly agreed between the parties and expressly stated on the front of the order form. If the final completion time cannot be met due to unforeseen circumstances, the buyer will be informed in a timely manner (i.e., as soon as DELPHINE is aware of the reason for the delay). Delay in execution can never give rise to a penalty, damages, or dissolution of the agreement to the detriment of the seller. Any "fait du prince" (act of state) or case of force majeure relieves the seller of all liability, including late delivery by the seller's supplier.

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5.3. The goods always travel at the buyer's risk.

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Article 6: Inspection and after-sales service

6.1. The buyer must take receipt of and inspect the goods immediately. No complaints will be considered eight days after delivery or after processing.

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6.2. Hidden defects can only give rise to compensation if they are discovered with reasonable speed and submitted within eight days, and provided the goods have not been processed in the meantime.

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6.3. The statutory warranty applies to the purchased goods. The buyer acknowledges that the goods must be used and stored with care. Together with every piece of jewelry, a user manual is provided with additional information about the use, storage, and maintenance of the goods. For example, it is important that pearls or gemstones do not come into contact with body lotion, soap, perfume, and cleaning products. Do not wear valuable jewelry while sleeping, exercising, cleaning, or during wellness activities. Store jewelry in a dark, dry place in the storage box provided by the seller.

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6.4. The seller provides an annual check-up, which is included in the initial quotation and is therefore free of charge for the buyer. An annual check-up is necessary for the application of the statutory warranty.

Article 7: Transfer of ownership and payment terms

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7.1. The delivered goods remain the property of the seller until full payment of the principal amount, costs, and interest. The goods must be collected in a timely manner after the buyer has been informed that they are ready for collection; otherwise, the buyer owes the fees provided for in Article 7.4. The goods will only be handed over if they have been paid for in full (cash, bank transfer, bancontact, Payconic, etc.) upon collection. After collection, a purchase receipt or invoice will be provided.

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7.2. Unless otherwise stated on the invoice, the price is payable in cash upon receipt of the goods, after deduction of the 50% deposit already paid upon acceptance and signing of the quotation. The price must be paid in GHENT at the seller's registered office.

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7.3. In the event that an order is delivered in several installments, for whatever reason, at least the price of the goods delivered at that time must be paid immediately upon each delivery. In other words, the buyer cannot decide to only pay once the entire order is delivered.

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7.4. In the event of non-payment or late payment, the price will be increased by a penalty clause of 10 percent, with a minimum of 250.00 EUR, which corresponds to the inconvenience suffered by the seller and the administrative costs incurred in this regard. Furthermore, conventional interest is due at a rate of 12 percent per annum. These increases are due without any notice of default being required. Default interest is calculated per commenced month.

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7.5. Failure to pay a single invoice on the due date makes the outstanding balance of all other invoices, even those not yet due, immediately payable by operation of law.

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7.6. Likewise, in the event of total or partial non-timely payment, the compensation and interest as stated under 7.3 [sic: should refer to 7.4] are due.

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7.7. All collection, reminder, and prosecution costs are borne by the customer, without prejudice to the provisions of art. 7.4 [sic: referring to 7.3/7.4 clause].

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7.8. Without prejudice to the provisions of Article 6.1, in the event of a dispute, the invoice must be protested within eight days of receipt.

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Article 8: Guarantees If the seller's confidence in the buyer's creditworthiness is shaken by acts of judicial execution against the buyer and/or identifiable other events that call into question and/or make impossible the confidence in the proper execution of the obligations entered into by the buyer, the seller reserves the right to demand suitable guarantees from the buyer. If the buyer refuses to comply, the seller reserves the right to cancel the entire order or a part thereof, even if the goods have already been sent in whole or in part. In such a case, the amount referred to in Article 7.2 shall be due by way of damages, and any costs pursuant to art. 7.4 shall also be borne by the buyer.

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Article 9: Right of retention It is expressly agreed between the parties that all goods of the buyer located in the seller's warehouses and workshops may be retained by the seller as further security for the payment of the labor costs due for goods already returned.

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Article 10: Dispute resolution

10.1. In the event of a dispute, the courts of the judicial district of East Flanders, Ghent division, have exclusive jurisdiction.

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10.2. All costs mentioned in art. 7.4., as well as attorneys' fees, will be recovered from the buyer if the latter is found to be in the wrong.

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10.3. Only Belgian law applies.