General Terms and Conditions


Dls-Diamonds, Rijfstraat 12, 4vd, 2018 Antwerp.


Tel: +32 (0)3 771 10 28  

Article 1 Definitions

1.1. is the user of these general terms and conditions and shall

Hereinafter referred to as: "we".

1.2. The "other party" is understood to be any (legal) person to whom we address our

address offers, as well as those who address offers to us and those who address

gives us an assignment, or the person with whom we enter into an agreement, and furthermore

The person with whom we are in any legal relationship and, apart from this person, his

representative(s), agent(s), assignee(s) and heir(s).

1.3. The term "products/property" shall mean all products that are used in application of this

general conditions to the other party, as well as all services w.o.

advice that we perform for the other party.

1.4. "Confidential Information" shall mean: All information referred to in Article 16 of these General

conditions mentioned and all data and/or information provided by us for the purpose of closing

of the agreement or of the performance thereof and

business data. Further, this includes any data and information from third parties

received or learned about by the other party under this agreement.


Article 2 Applicability

2.1. These general terms and conditions apply to all our offers,

agreements, as well as all legal acts, deliveries and work done

by us, including legal relationships to be entered into with us in the future.

2.2. Deviations from and additions to these General Terms and Conditions shall only be binding on us if

these have been agreed upon in writing.

2.3. The general terms and conditions used by the other party and or other

conditions do not apply.

2.4. If it appears that one or more provisions of these general terms and conditions are contrary

with the law, the other provisions of these general conditions shall remain in full force and effect.




Article 3 Offer

3.1. All our offers and quotations are without obligation, unless they include a period for

acceptance, in which case the offer will expire after this period.

3.2. Amendments and or promises made after the offer either verbally or in writing will not be accepted.

made in writing by us, shall constitute a new offer, whereby the previous

offer has expired.

3.3. All offers and quotations are based on the performance of the agreement

by us under normal conditions and during normal working hours, unless

expressly indicated otherwise.


Article 4 Establishment

4.1. The agreement comes into effect, if our offer is without obligation, at the time of

receipt by us of a written acceptance of this offer, or on the

moment that a start of implementation has been made by us.

4.2. The contract is concluded if our offer is irrevocable, at the moment

of receipt by us of a written acceptance of this offer from the other party

within the time period set by us.

4.3. If an acceptance by the other party deviates from the offer, this shall be deemed to be

a new offer from the other party and as a rejection of our entire offer, including

if there is only a deviation on minor points.

4.4. If the other party makes an offer and or gives an order, on our part only

Acceptance is deemed to have taken place if we have received this offer and/or this order in writing.

accept or when we have started the execution of the order.

4.5. Additional agreements, amendments and or commitments made after the agreement,

either verbally or in writing made by our personnel, representatives, vendors

or other intermediaries, are not binding, unless they have been communicated by us to the other party in writing.

be confirmed.


Article 5 Prices

5.1. The prices quoted by us are in the margin scheme; they are based on delivery ex

our warehouse/premises, except insofar as otherwise agreed in writing.

5.2. The prices quoted by us are quoted in euros or in any other

currency agreed upon by us in writing; any exchange rate differences are at the risk of the

other party, unless further agreed in writing. We shall be entitled to make payment of the

equivalent amount in Euros to be claimed.

5.3. The prices quoted by us are based on the prices at the time of the conclusion of

the agreement applicable daily prices and specifications and on execution of the

agreement under normal circumstances.

5.4. We reserve the right to impose a proportional price increase on the other party.

charge, if after the conclusion of the agreement an increase occurs in

one or more price-determining factors, including labor, premiums, materials and

course changes.

5.5. The provisions of subsection 5.4. shall also apply if the changes referred to therein are made to the

price determining factors are the result of already at the conclusion of the

agreement foreseeable circumstances.

5.6. If the application of article 5.4 should lead to a price increase and the

price increase does not arise from statutory regulations or provisions, the other party

the right to terminate the contract by the date on which the price increase takes effect

by registered letter, within one week after we have made known the

to increase the agreed price.

5.7. If not expressly agreed otherwise in writing, delivery costs are,

service costs and costs for shipping, unloading etc. are never included in our prices.

5.8. Costs of loading and unloading, storage or transport of goods made available by the other party

set materials, w.e. boxes, pallets, crates, packing materials or tools,

shall be charged separately to the other party.

5.9. Price increases resulting from additions and or changes (including changes in the price of

specifications) of the agreement shall be at the expense of the other party.

5.10. Costs incurred because the other party has failed to implement the

agreement and or because circumstances arise that are attributable to

are attributable to the other party as a result of which costs have been incurred by us, are

charged by us.

5.11. Default of the other party shall terminate our default in the event that we are in default

would be. During the period of default of the other party, it shall not be authorized to take measures

to execute. Costs incurred because the other party is in default shall be borne by the other party.

us charged.

5.12. Except as provided in subsection 5.1, single-use and multi-use packaging shall not be included in the

price and shall be charged separately at cost price. On packaging

5.12 The other party shall also be liable for any governmental charges that it is subject to. 5.13. Prices are with

published with the greatest care, but subject to

changes and misprints.


Article 6 Delivery and assembly

6.1. Stated delivery times and/or stated completion dates shall never be

consider as fatal deadlines, unless otherwise agreed in writing. We shall

orders with due diligence, but at least within 30 days after receipt of the

order, unless otherwise agreed.

If for any reason delivery is not possible within the stipulated period or only

is partially possible, the other party will immediately, but within no more than 30 days, inform the other party of this fact.

after the order has been placed. The other party shall then be entitled to cancel its order.

cancel without charge.

6.2. If the delay in delivery is not due to us, the

The other party can never claim compensation.

6.3. The stated delivery times and/or completion dates are based on the time of

The working conditions prevailing at the time of the conclusion of the agreement and on timely delivery of

the materials and/or parts ordered by us for the execution of the agreement.

6.4. Delivery is made ex warehouse/company, unless agreed otherwise in writing and on

the times set by us, which times we will inform the other party of in a timely manner and

will be specified by mutual agreement if possible.

The other party shall be obliged to take delivery of the goods delivered by us at the stipulated time of delivery.

receipt, failing which all resulting costs (including:

storage, freight and warehousing costs) in accordance with our or local applicable rates, to the

other party will be charged.

6.5. If more than four days after the agreed date of acceptance are

elapsed without the other party taking delivery, the order shall be

shall be deemed to have been cancelled by the other party. In this case, the other party shall be obliged to

payment of all damages suffered by us as a result (including all costs incurred by us).

costs) as well as 25% of the gross sales value of the products on account of

cancellation fee.

6.6. We are entitled to deliver in parts. In that case we shall always charge the price for each partial delivery.

delivery times. The provisions of Article 6 shall apply mutatis mutandis to

partial deliveries.

6.7. The risk of the item shall pass to the other party at the time of delivery, even if

ownership of the item has not yet been transferred by us.

6.8. Assembly by the other party or the other party's service shall take place at the expense and risk of the

other party or its counterparty. All costs arising from problems in assembly by

other party or service other party shall be at the expense and risk of the other party or

his counterparty and cannot be recovered from us. All costs resulting from the

consequences of faulty assembly or careless handling will be recovered from the

opposing party.


Article 7 Transport

7.1. Unless otherwise agreed in writing, transportation/shipment shall be for

account and risk of the other party.

7.2. The method of transport/shipment as well as the method of packaging shall be determined by us.

determined, unless otherwise agreed.

7.3. The other party will be informed in advance of the shipping costs, which are an integral part of the total price.

form part of the order.


Article 8 Payment

8.1. Unless otherwise agreed in writing, payment by the other party shall be made either by

bank transfer or Paypal, at the latest upon delivery of the case, respectively

no later than thirty days after the invoice date. These deadlines shall be deemed to be strict deadlines,

at the expiry of which the other party shall be in default. Set-off against claims which the

other party on us is not allowed.

8.2. Payment shall be made in

Dutch currency, unless otherwise indicated by us. If foreign currency is indicated by us

have been indicated, then it shall be at the rate of exchange of the day agreed upon, failing which

of which payment shall be made at the rate of exchange of the day of payment.

8.3. In the event of non-payment within the period referred to in clause 8.1, a contractual interest

due, equal to an interest rate of %2 per month, or the legal interest rate if

it is higher, with part of the month being counted as a full month,

commencing on the first day after the expiry of the payment deadlines referred to in Article 8.1.

8.4. If payment is not made within the periods referred to in clause 8.1, we reserve the right to

increase the amount owed by the other party with collection costs. The

The extrajudicial collection costs are set at %25 of the amount owed.

amount with a minimum of €1000

8.5. Payments made by the other party shall always serve to meet all obligations of the other party.

interest and costs due and then in satisfaction of claims from the

agreement that are longest due, even if the other party mentions that the

satisfaction relates to a different claim.

8.6. The other party shall not be entitled, on the basis of alleged defects in the product and

for any other reason, refuse to comply with his payment obligation or

suspend, unless the defect is considered to be

acknowledged. In the latter case, the other party shall be entitled to demand payment of a maximum of 15% of

suspend the amount owed for the product in question until the defect is


8.7. In case of liquidation, insolvency, bankruptcy or suspension of payments of the

other party, the claims, on whatever account, with the other party shall be immediately


8.8. We shall at all times be entitled to require an advance payment of the amount due from the

other party's amount owed.

8.9. We shall be entitled to assign our claim against the other party in any way to

third parties without further notice or without the need for service.

Only written notice of such transfer by us to the

other party, as a result of which the other party is only indebted to the

third party can pay.


Article 9 Suspension and right of retention

9.1. We are entitled to suspend our performance (including future partial deliveries) at any time without notice.

suspend if the other party fails to meet one or more of its obligations

or if circumstances come to our knowledge that give us good reason to fear

that the other party will not comply with its obligations, except for different mandatory


9.2. At all times (including partial deliveries) we shall be entitled to receive security from the other party,

such as a bank guarantee, for the fulfilment of all its obligations under the

agreement. This provision applies equally if credit is stipulated by the

counterparty. If the other party does not comply with our request to provide security,

we have the right to dissolve the agreement or to suspend our obligations.

9.3. We can exercise the right of retention on all the other party's goods on which

the execution of the agreement and that we have in the framework of the

agreement actually in our possession, if the other party fails to meet the obligations

related to the execution of the agreement, or other with the other party

agreements entered into arising from matters, which we regularly discuss with the other party

have done, fails in whole or in part.

9.4. We are entitled to charge the costs we have incurred in connection with the care with

with regard to the goods actually in our possession from the other party.

9.5. We reserve the right to adjust our claims, including the costs referred to

under 9.4 to be recovered from the matters referred to in 9.3, with priority over all those against whom

the right of lien may be invoked. 9.6. We shall be entitled, if the other party

 Despite written reminders containing a payment term of at least seven

 days does not fully comply with his obligations, immediately the still unpaid and/or with us

 present products of the

other party and deliver it to a third party and without prejudice to our right to a

compensation, set off the proceeds against the outstanding invoices and the costs

as mentioned in 9.4.

9.7. In the event the other party, in our opinion, does not appear to be sufficiently creditworthy for the

fulfillment of the agreement, we are entitled to suspend all contractual obligations

suspend, without prejudice to our rights under the law or these terms and conditions




Article 10 Warranty

10.1. We guarantee for a period of 12 months after delivery of a

product that the manufacture and quality of the delivered product under normal use

be sound.

10.2. Warranty as mentioned in sub 10.1 does not apply if the defects are the result of

normal wear and tear, incorrect operation or improper handling, abuse,

use in violation of the regulations given by us, negligence, accident, failure to

compliance with maintenance instructions and/or normal maintenance care or when the

Product has been repaired or modified without our prior written consent,

or if there is use for other than normal purposes.

10.3. Our obligations under the guarantee given in subsection 10.1 do not extend

beyond repairing or replacing, at no charge, any product or

part thereof; such at our discretion and within a reasonable time to be determined by us


10.4. Transportation costs of the product incurred in the course of the appeal to the

warranty shall be at the expense of the other party, unless the transportation is on our behalf

takes place.

10.5. The other party shall be obliged, at our request, to give us the opportunity to

In response to her invocation of the warranty, an investigation by one of our designated

expert, failing which the right to warranty shall lapse. The

decision of such expert will be binding on both parties. The costs of

The aforementioned expertise shall be at the expense of the other party if the

warranty claim proves unfounded; if the warranty claim proves justified, the

costs of expertise at our expense.


Article 11 Retention of title

11.1. We reserve the ownership of all goods and services provided by us pursuant to agreements concluded and to be concluded.

Agreements concluded with the other party, until the

purchase price for all such items has been paid in full.

11.2. Now that we have concluded an agreement as per 11.1 also for the benefit of the other party

by them to perform the work for which they have been compensated, the reserved property shall be deemed to be

11.1 until the other party has paid this claim in full as well.


11.3. Furthermore, the reserved ownership applies to the claim we have against the

counterparty may obtain for failure to perform the

agreement as referred to above in subsections 11.1 and 11.2.

11.4. As long as the legal and economic ownership of the delivered goods has not been transferred to the

The other party may not pledge the item or transfer it to a third party in any other way.

right thereto, subject to the provisions of Section 11.5.

11.5. The other party shall be entitled to dispose of the goods delivered or to be delivered under retention of title in accordance with the provisions of this article.

third parties in the normal course of his business

sell and transfer.

11.6. The other party shall be obliged to treat goods delivered under retention of title with the

due care and as recognizable property of us.

11.7. If the other party fails to meet its payment obligations towards us

fails or if we have good reason to fear that he will fail in his obligations

If the customer fails to do so, we shall be entitled to recover the goods delivered subject to retention of title and to return them to the buyer.


11.8. The other party shall be obliged at our first request:

  1. to insure and keep insured the goods delivered under retention of title

against fire, explosion and water damage, as well as against theft and the policy of this

insurance policies for inspection by us.

  1. all claims of the other party against insurers with respect to under

property delivered to us in the manner that is


  1. to mark the item delivered under retention of title as our property.
  2. otherwise cooperate with any reasonable measures we may take to

protection of our property rights with respect to items and which the

not unreasonably interfere with the other party's normal course of business.

11.9. We shall not be obliged to indemnify the other party in any way against any liability for damages.

heath as holder of the business.

11.10. The other party, insofar as it concerns a company or enterprise, indemnifies us for

claims that third parties have against us that can be related to the

made retention of title.

11.11. If the other party fails to comply with its obligations or there is a well-founded fear

If the buyer does not indicate that he will not do so, we reserve the right to sell the goods delivered, on which the price paid in the

The other party or third parties who have purchased the item for their own use are not entitled to the retention of title referred to in 11.1.

The other party shall be obliged to remove, or cause to be removed, all goods held by it from the premises of the other party. The other party undertakes to do so to provide all cooperation under penalty of a fine of 12% of the amount of the

owed per day.


Article 12 Force Majeure

12.1. In the event that force majeure delays or prevents the execution of the agreement, both

we as the other party are entitled to dissolve the agreement in writing, without this affecting the

Other party gives any claim for compensation, except to the extent that we

as a result of this dissolution would enjoy a benefit, which we would have been able to obtain in proper

performance of the contract would not have had.

12.2. Force majeure on our part includes any circumstance outside our control.

The normal performance of the agreement is not affected by any of the following circumstances

prevented. As such force majeure circumstances apply in any case:

loss, damage and/or delay during and by transportation, extreme absenteeism of

personnel, actions/measures at customs, including (temporary) closure of certain

geographical areas, fire and other serious disruptions in our business or at our


12.3. For the consequences of the provisions of Articles 12.1 and 12.2, we refer (in part) to

the provisions of article 6.1.


Article 13 Liability

13.1. We are never liable for damage unless it is due to intentional or conscious

recklessness of us or our executive and/or subordinates.

13.2. In the event that we should be liable for damage and this damage is not attributable to

intentional or deliberate recklessness on our part or on the part of one of our executive officers and/or

subordinates, our liability is always limited to direct damage to goods or

persons, and never extends to any business losses or other consequential damages,

including loss of income.

13.3. In the event that we should be liable for damage and if this damage cannot be attributed to

is to willful or deliberate recklessness on our part or on the part of one of our managers and/or

subordinates, our liability is further limited to the price for which the

other party has purchased the item that caused the damage, or up to the amount

paid by the other party for the order.

13.4. In the event that a final and binding legal judgement rules out the provisions of subsection 13.3.

13.3. as unreasonably onerous, liability shall be limited to that damage and

 up to those amounts against which we are insured or can reasonably be expected to be insured, given the

in the industry's current usage, would have been insured.

13.5. The provisions of clauses 13.2, 13.3 and 13.4 shall apply only to the extent that our liability

pursuant to law or agreement (including the provisions of this

general conditions) has not already been limited further than from the mere application of article

13.2, 13.3 or 13.4 would follow.

13.6. If the other party is a consumer, our liability shall be governed by the statutory



Article 14 Complaints

14.1. The other party shall be obliged to inspect the product as soon as it is received by it and

determine whether the product is in good order or whether the work has been carried out in accordance with

the assignment have been carried out.

14.2 Any complaints regarding the goods delivered by us as well as regarding the

with regard to work performed as well as with regard to invoice amounts,

must be made within a reasonable time after discovery following receipt of the goods respectively after the

After the work has been carried out or the invoice has been received, the client must send a written

The claim must be submitted to us, stating precisely the facts on which the claim is based.


The other party shall be obliged to immediately

after receipt and immediately check for any inaccuracies and defects.

written notice.

14.3. If it is not reasonably possible to remedy the defect within the above-mentioned period, the

discover the defect, the other party shall, immediately after discovering or having discovered the defect

should discover in writing to us.

14.4. Minor or customary deviations and difference in quality, number, size, etc.

or workmanship, as well as differences in the execution of the work, cannot be

provide grounds for complaints.

14.5. Claims with respect to a particular item or with respect to particular

work shall be without prejudice to the obligations of the other party with regard to other

products or parts of the agreement.

14.6. In the event that we replace parts of an item or in the event that we completely remove an item from the

replaced we become the owner of the replaced (old) case.

14.7. The products complained about are to be returned only when we

agree to that.


Article 15 Dissolution

15.1. If the other party does not, does not timely or does not properly, despite summations containing

mentioned a reasonable time, complies with any (payment) obligation, arising from

any agreement concluded with us, as well as in the event of suspension of payment,

application for suspension of payments, bankruptcy, receivership or liquidation of

the other party's business, we shall be entitled without notice of default and without

judicial intervention to dissolve the agreement or part thereof.

15.2. As a result of the dissolution, mutually existing claims shall be immediately

claimable. The other party shall be liable for the damage suffered by us, including

consisting of interest, loss of profit and transportation costs.

15.3. If the provisions of subsection 15.1 occur and the other party enjoys an advantage

that he would not have had in the event of proper performance, we are entitled to compensation

of our damages in the amount of this benefit.

15.4. Without prejudice to the provisions of this article, the consumer has the right within

seven working days after receipt without giving any reason to return the goods and to pay the

to dissolve the agreement. Any amount already paid will be refunded within 30

days after receipt of the return shipment to the consumer by us

refunded including the cost of shipment paid by the consumer.

The cost of direct return shipment shall be borne by the consumer.


Article 16 Intellectual property rights

16.1. Unless otherwise agreed with us in writing, we will retain all intellectual

Property rights (w.e. copyright law, patent law, trademark law, trade name law,

drawings and design rights etc.) on all our inventions, designs, drawings,

writings, carriers containing data or other information, quotations, images, sketches,

models, maquettes, etc.

16.2. The above-mentioned designs, drawings, writings, data carriers or

other information, quotations, images, sketches, models, scale models, etc. may not be

copied, shown to third parties and/or made available to the public without our written consent.

made available or otherwise used.

16.3. The other party shall be free to use the aforementioned designs, drawings, writings,

carriers containing data or other information, quotations, images, sketches, models,

to use models etc. for a purpose other than that for which we have provided them to the other party.

have made available.

16.4 The provisions of this Article shall survive termination or dissolution of the

agreement in effect.


Article 17 Confidentiality

17.1. The other party undertakes to keep secret the information that we have made available to it.

made available confidential information from us.

17.2. The other party shall not copy the confidential information or otherwise communicate it to

make available to third parties, unless with our prior written consent.

17.3. The other party shall not use the confidential information for any other purpose than

for which it has been provided by us and shall not apply it in any other way than that provided by us


17.4 The other party will not make any changes to documents or items which are confidential

contain information from us.

17.5. All confidential data and information provided by us shall remain our property. The

The other party is obliged to provide all confidential information at the first request of our

returned to us immediately without retaining copies.

17.6. The other party shall be obliged to inform its employees, agents and subcontractors who -

necessarily - become aware of the confidential information, to submit in writing

commit to the same confidentiality obligations as the other party, prior to

Such obtaining of confidential information.

17.7. In the event of a breach of one or more obligations under this article, the other party shall be

owe us an immediately due and payable penalty of € 250per violation and

per day that a violation continues. This penalty is without prejudice to our right to

full compensation in accordance with the law.

17.8. The provisions of this Article shall survive termination or dissolution of the

agreement in effect.


Article 18 Disputes and applicable law

18.1. To all agreements to which these conditions apply in whole or in part

The law of the Netherlands shall apply.

18.2. The provisions of the Vienna Sales Convention shall not apply, nor shall

any future international regulation on the purchase of movable property, the

effect can be excluded by the parties.

18.3. All disputes arising from offers and agreements, however

called, will be submitted to the District Court in 's-Hertogenbosch

except where the consumer chooses to submit the dispute to the

Geschillencommissie Thuiswinkel or an equivalent dispute committee.

18.4 In the event of a dispute or impending dispute, we are entitled to have one or more experts

to carry out an assessment at the other party's premises, or to have such an assessment carried out.


Article 19 Complaints and privacy regulations

19.1. Complaints may be submitted both orally and in writing at address:

Dls-Diamonds, Rijfstraat 12, 4th floor, 2018 Antwerp or via email


19.2. With respect to the confidential handling of the consumer's data

Please refer to the applicable privacy regulations.

Article 20 Exception regarding orders of investment objects

20.1. Investment objects include the offered items from the "Gold & Silver" section in

 the web store. Asking prices are updated according to current precious metal prices.

20.2 All orders that include an investment property must be within 3 business days of

 (after confirmation of the order by email) to be paid, unless otherwise agreed between buyer and

 seller agreed. After this period, we reserve the right to place an order

 change and/or cancel.

20.3 Payment shall be made based on a method of payment to be specified by the Seller.

20.4 Seller reserves at all times a right of retention on the goods until such time as buyer has

ensure full payment (including payment of any previous deliveries), or

 has provided sufficient security for the fulfillment of all existing and future already

 payment obligations to be determined.

20.5 Goods will only be delivered after payment to the seller, unless otherwise agreed in writing.

 agreed. Seller is entitled to deliver goods in parts.

20.6 All goods delivered must be checked by the buyer immediately upon receipt for

 possible loss or damage. If there is any question of loss and/or damage

 buyer that within 48 hours after the goods were received by buyer in writing

 to report to seller. If Buyer exceeds this deadline, or fails to make the inspection

 perform, any obligations of Seller in this regard shall lapse.

20.7 The Seller is entitled to suspend all obligations ensuing from any agreement with the Buyer

 to suspend or cancel the contract in the event of force majeure.