Terms and Conditions

Article 1 - Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
2. Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms are inseparably attached.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person who does not act in the exercise of a profession or business.
5. Buyer: The Company or the Consumer who enters into a (distance) Agreement with the Seller.
6. Agreement: The (distance) sales agreement for the sale and delivery of Products purchased by the Buyer from OB.
7. Products: The Products offered by OB are Asian antique sculptures/art.
8. Seller: The provider of Products to the Buyer, hereinafter: OB.

Article 2 - Applicability

1. These general terms and conditions apply to every Offer from OB and every Agreement between OB and a Buyer and to every Product offered by OB.
2. Before a (distance) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If it is not reasonably possible, OB will indicate how the Buyer can view the general terms and conditions, which are in any case published on OB's website so that the Buyer can easily save these general terms and conditions on a durable data carrier.
3. In exceptional situations, deviation from these general terms and conditions can be agreed upon explicitly and in writing with OB.
4. These general terms and conditions also apply to additional, amended, and follow-up Agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or entirely nullified or declared null and void, the remaining provisions of these general terms and conditions will remain in force, and the nullified/void provision(s) will be replaced by a provision with the same meaning as the original provision.
6. Ambiguities about the content, interpretation, or situations not covered by these general terms and conditions will be assessed and interpreted in the spirit of these general terms and conditions.
7. If reference is made to "she/her" in these general terms and conditions, this should also be understood as a reference to "he/him/his," if and to the extent applicable.

Article 3 - The Offer

1. All offers made by OB are non-binding, unless explicitly stated otherwise in writing. If the Offer is limited or subject to specific conditions, this will be explicitly stated in the Offer. An Offer is only made when it is recorded in writing.
2. The Offer made by OB is non-binding. OB is only bound to the Offer if the Buyer has confirmed it in writing within 30 days, or if the Buyer has already paid the amount due. Nevertheless, OB has the right to refuse an Agreement with a potential Buyer for a valid reason.
3. The Offer includes a detailed description of the offered Product with the associated prices. The description is detailed enough for the Buyer to make a proper assessment of the Offer. Obvious errors or mistakes in the Offer do not bind OB. Any images and specific data in the Offer are only indicative and cannot be the basis for any compensation or termination of the (distance) Agreement. OB cannot guarantee that the colors in the image exactly match the actual colors of the Product.
4. Delivery times and periods mentioned in OB's Offer are indicative and exceeding them does not give the Buyer the right to terminate or claim compensation, unless explicitly agreed otherwise.
5. A composite price offer does not oblige OB to deliver part of the items included in the offer for a part of the quoted price.
6. If and to the extent that an offer is made, this does not automatically apply to reorders. Offers are only valid while supplies last and according to the first-come-first-served principle.

Article 4 - Conclusion of the Agreement

1. The Agreement is concluded at the moment when the Buyer accepts an Offer from OB by placing an order or paying for the respective Product.
2. An Offer can be made by OB via the website.
3. If the Buyer has accepted the Offer by entering into an Agreement with OB, OB will confirm the Agreement with the Buyer in writing, at least by email.
4. If the acceptance (on minor points) deviates from the Offer, OB is not bound to it.
5. OB is not obliged to an Offer if the Buyer could reasonably have expected or understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this mistake or typo.
6. The right of withdrawal is excluded for the Buyer being a Company. The Buyer being a Consumer has the right to exercise their statutory right of withdrawal within the legal period. If withdrawal is applicable, the Buyer will handle the Product and packaging with care and will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and operation of the Product. The direct costs of returning the Product are borne by the Buyer.

Article 5 - Execution of the Agreement

1. OB will execute the Agreement to the best of its insight and ability.
2. To the extent necessary for the proper execution of the Agreement, OB has the right to have certain activities performed by third parties.
3. The delivery periods stated by OB are indicative and do not have a strict deadline. OB is not bound by strict deadlines, unless otherwise agreed in writing.
4. The execution of the Agreement takes place in mutual consultation and after the payment has been received by OB.
5. OB is entitled to refuse an Agreement or dissolve the Agreement if there are serious reasons to do so. Serious reasons may include, among other things, that the Products are intended for any illegal purpose, that the agreement contains incorrect or incomplete data, or if the Buyer is suspected of acting in bad faith.
6. If OB is unable to deliver the Products within a reasonable period, OB will inform the Buyer of this as soon as possible.
7. After dissolution in accordance with the previous paragraph, OB will refund the amount paid by the Buyer within 14 days.
8. The risk of loss or damage to the Products will be transferred to the Buyer as soon as the Products are legally and/or actually delivered to the Buyer and thus under the control of the Buyer or of a third party to be designated by the Buyer.

Article 6 - Delivery

1. Delivery will be made to the address given by the Buyer to OB.
2. Ob has the right to deliver to the Buyer in parts.
3. Delivery will take place by transferring the Products to the carrier designated by OB, who will deliver the Products to the delivery address indicated by the Buyer. If the Buyer has not accepted the Products within 3 days after the carrier's first delivery attempt, the costs for the return of the Products are for the Buyer's account.
4. If the Buyer refuses the delivery or is negligent in providing information or instructions necessary for the delivery, the Products will be stored at the risk of the Buyer. In that case, the Buyer will owe all additional costs, including, in any case, storage costs.
5. All delivery times are indicative. The Buyer cannot derive any rights from any stated terms. If a term is exceeded, this does not entitle the Buyer to compensation or termination of the (distance) Agreement. However, the Buyer will be offered a new delivery time.
6. Ob may refuse the execution of the Agreement if there are serious reasons to suspect that the Products are used for an illegal or immoral purpose. In that case, OB will notify the Buyer of the refusal as soon as possible.
7. If there is reason to suspect that the Product cannot be delivered to the Buyer within the agreed term, OB will inform the Buyer of this as soon as possible.
8. The Products will be transported at the risk of the Buyer, unless explicitly agreed otherwise.

Article 7 - Right of Withdrawal (for Consumers)

1. When purchasing Products, the Buyer has the right to dissolve the Agreement without giving any reason during a reflection period of 14 days. This period commences on the day following the Buyer's receipt of the Product.
2. During the reflection period, the Buyer will handle the Product and packaging with care and will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and operation of the Product. The starting point is that the Buyer may only handle and inspect the Product as he or she would be allowed to do in a store.
3. If the Buyer exercises his or her right of withdrawal, he or she will notify OB within the withdrawal period, using the withdrawal form or by any other unequivocal statement.
4. To exercise the right to cancel, you must inform OB of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
5. The shipping address for returning the shipment is : Original Buddhas B.V. - Rielerweg 71 - 7416ZB Deventer - The Netherlands - Tel : +31622192241 - Email : info@originalbuddhas.com
6. The direct costs of returning the Product will be borne by the Buyer.
7. The Buyer is responsible for the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
8. If the Buyer exercises the right of withdrawal, all additional Agreements will be dissolved by operation of law.
9. If OB makes the notification of withdrawal by the Buyer by electronic means possible, OB will send a return receipt without delay.
10. OB will reimburse the full purchase price, including any calculated shipping costs, within 14 days following the day on which the Buyer has notified OB of the withdrawal. OB may wait to refund until OB has received the Products back or until the Buyer demonstrates that the Products have been returned, whichever comes first.
11. OB uses the same payment method that the Buyer has used for reimbursement unless the Buyer agrees to another method. The return is free of charge for the Buyer.
12. The return obligation of OB does not apply to Products that:
    • have been created by the Seller in accordance with the Buyer's specifications;
    • are clearly personal in nature;
    • cannot be returned due to their nature;
    • can deteriorate or age quickly;
    • for hygienic reasons are not suitable to be returned and the Consumer has broken the seal.

Article 8 - Obligations of the Buyer during the cooling-off period

1. During the reflection period, the Buyer will handle the Product and packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and operation of the Product. The principle here is that the Buyer may only handle and inspect the Product as he would be allowed to do in a store.
2. The Buyer is liable for the reduction in value of the Product resulting from a way of handling the Product that goes beyond what is permitted in paragraph 1.

Article 9 - Payment

1. Unless otherwise agreed in writing, payment must be made by the Buyer before the Product is delivered.
2. The Buyer has the duty to report inaccuracies in the payment details provided or stated immediately to OB.
3. In case of default by the Buyer, OB has the right, unless statutory limitations prevent it, to charge the reasonable costs made known to the Buyer in advance.
4. If the Buyer has not paid the claim within the specified term, he is legally in default. In that case, the Buyer owes statutory commercial interest over the outstanding amount, as referred to in Article 6:119a Dutch Civil Code.
5. The right of the Buyer to settle its claim or to suspend its obligations is explicitly excluded.
6. The Buyer is never authorized to set off its claim against a claim from OB.
7. OB has the right to have the Buyer pay an advance or otherwise secure payment.

Article 10 - Warranty

1. OB guarantees that the Products comply with the Agreement and with the specifications stated in the Offer for a period of 6 months after delivery of the Products, except for second-hand Products. If it appears that the delivered Product is incorrect, defective, or incomplete, the Buyer must notify OB in writing within 14 days after delivery.
2. If the Products comply with the Agreement, are in accordance with the specifications stated in the Offer, and are not second-hand Products, the Buyer is still not entitled to return the Products without the written consent of OB.
3. If it appears that the delivered Product is incorrect, defective, or incomplete, this warranty is not valid in the case of:
   • normal wear and tear;
   • intention or gross negligence;
   • incorrect or inappropriate use;
   • incorrect use or failure to follow instructions;
   • damaged by intent or gross negligence by the Buyer or by third parties.
4. Only in consultation with OB and under conditions set by OB can the Buyer return the Product.
5. The warranty of OB, if any, never goes beyond that provided by the manufacturer of the Product.
6. If a Product does not comply with the warranty, OB will provide for repair or replacement at its own discretion.
7. If the Products are replaced, the Buyer already now authorizes OB to return the original new Product and to be the owner of the original Product or the spare parts.
8. If the warranty is invoked, the delivery of the replaced or repaired Product will be considered an exchange of Products and as a result, the ownership of the returned Product will be transferred to OB.

Article 11 - Complaints

1. The Buyer must examine the Product as soon as possible after receipt. In doing so, the Buyer must examine whether the quality and quantity of the Product correspond to what the parties have agreed, or at least that meets the requirements that apply in normal (trade) traffic.
2. Any visible defects or deficiencies must be reported in writing to OB within 14 days after delivery.
3. Non-visible defects must be reported in writing to OB within 14 days after discovery.
4. If the Buyer fails to file a complaint within the terms set in paragraphs 1 and 3, OB is not bound by any warranty obligations. If OB finds that the complaint is well-founded, OB will repair or replace the delivered Products at its discretion.
5. The Products must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the Product is damaged or missing parts, OB may charge for this.

Article 12 - Liability

1. If the delivered Products are faulty, the liability of OB is limited to the warranty provisions in article 10.
2. OB's liability is limited to what is regulated in these general terms and conditions.
3. If the Buyer wishes to terminate the Agreement for any reason other than mentioned in article 10, the Buyer will only be entitled to a refund of the purchase price and only if and insofar as OB can reasonably be required to deliver the Products to the Buyer.
4. Any liability of OB for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages, or damages due to lost profits.
5. OB is not liable for any damages arising from the buyer's intent or gross negligence.
6. If OB is liable for any damage, the liability of OB is limited to a maximum of the invoice amount of the order, at least to that part of the order to which the liability relates.
7. The limitations of liability for direct damage contained in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of OB.

Article 13 - Force Majeure

1. In the event of force majeure, OB is not obliged to fulfill its obligations to the Buyer.
2. During the period of force majeure, the delivery and other obligations of OB are suspended. If the period of force majeure lasts longer than two months, both parties are authorized to terminate the Agreement, without any obligation to pay compensation.
3. If OB has partially fulfilled its obligations or can only partially fulfill its obligations at the time of force majeure, OB has the right to invoice separately for the part that has been delivered or is deliverable and the Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 14 - Intellectual Property

1. The Buyer must fully and unconditionally respect all intellectual and industrial property rights attached to the Products delivered by OB.
2. OB does not guarantee that the delivered Products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties and does not accept any liability in this regard.

Article 15 - Personal Data

1. OB will process the Buyer's personal data in accordance with its privacy policy. The Privacy Policy can be found on the Website.

Article 16 - Final Provisions

1. Dutch law applies to all Agreements. The Vienna Sales Convention does not apply.
2. Insofar as not dictated by mandatory law, any disputes will be submitted to the competent Dutch court in the district where OB is established.
3. If any part of these terms and conditions is null and void or is voided, the other parts of these terms and conditions will remain in full force. OB and the Buyer will consult on new provisions to replace the null and void or voided provisions, taking into account the purpose and scope of the original provisions as much as possible.

Article 17 - Disputes

1. If a dispute arises between the Buyer and OB, they will endeavor to resolve this dispute by mutual agreement.
2. If this does not lead to a resolution of the dispute, the dispute will be submitted to the competent Dutch court.

Article 18 - Applicable Law

1. All Agreements shall be governed by and construed in accordance with Dutch law.
2. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to these General Terms and Conditions and the Agreement.

Article 19 - Amendments to the Terms and Conditions

1. OB is entitled to amend or supplement these terms and conditions at any time.
2. Amendments also apply to Agreements that have already been concluded with due observance of a period of 30 days after the amendment has been communicated.
3. If the Buyer does not want to accept an amendment to these terms and conditions, the Buyer is entitled to terminate the Agreement with effect from the date on which the amended terms and conditions would take effect.

Article 20 - Location and Version

1. These terms and conditions can be found on the Website of OB, and a copy can be requested from OB by email.
2. The version of the terms and conditions in force at the time of the conclusion of the Agreement shall apply

Note: This document has been translated from the Dutch version and can only be used as a reference. The Dutch version always takes precedence and is valid in court.