Terms of Sale

Van Bergen 1795 B.V. · Version 1.1, dated 2 februari 2026

These Terms of Sale govern the sale of timepieces by Van Bergen 1795 B.V. to private buyers, both within and outside the European Union. They apply to sales concluded remotely by way of a Pro Forma Invoice and Offer of Sale, and to sales concluded in person by way of a signed Order Form, including at trade fairs and Van Bergen 1795 events.

1. Definitions

In these Terms of Sale, the following definitions apply.

Van Bergen 1795 means Van Bergen 1795 B.V., a private limited liability company incorporated under the laws of the Netherlands, having its registered office at Grotekerksbuurt 13 A, 3311 CA Dordrecht, the Netherlands, registered with the Dutch Chamber of Commerce under number 98315226 and holding VAT identification number NL868442501B01.
Buyer means the natural or legal person to whom Van Bergen 1795 issues a Pro Forma Invoice and Offer of Sale, who signs an Order Form, or who otherwise enters into an agreement with Van Bergen 1795 in respect of a Timepiece.
Consumer means a Buyer who is a natural person not acting in the course of a profession or business.
Timepiece means any wristwatch, limited edition piece, or Pièce Unique produced or distributed by Van Bergen 1795, including the Heero Inaugural Edition, the Monaco Special Edition, and any subsequent collection.
Reservation means a formal expression of intent by the Buyer to acquire a specific numbered Timepiece, confirmed in writing by Van Bergen 1795 and accompanied by payment of a deposit, prior to the issuance of a Pro Forma Invoice and Offer of Sale.
Purchase Agreement means the agreement of sale between Van Bergen 1795 and the Buyer concluded in accordance with clause 3 of these Terms of Sale.
Terms of Sale means these terms and conditions, including any subsequent versions thereof.

2. Applicability

Scope. These Terms of Sale apply to every offer, quotation, Reservation, Pro Forma Invoice and Offer of Sale, Order Form, and Purchase Agreement between Van Bergen 1795 and the Buyer.
Availability. The text of these Terms of Sale shall be made available to the Buyer prior to the conclusion of the Purchase Agreement, by way of being printed on or appended to the Pro Forma Invoice and Offer of Sale, by way of being printed on the reverse of the Order Form, and by way of being published on the website of Van Bergen 1795 at www.vanbergen1795.com.
Rejection of Buyer's terms. The general terms and conditions of the Buyer, however described, are expressly rejected and shall not apply to any Purchase Agreement, unless otherwise agreed in writing by Van Bergen 1795.

3. Offer, acceptance, and conclusion of the Purchase Agreement

Pro Forma Invoice and Offer of Sale. Where a sale is initiated remotely, Van Bergen 1795 shall issue a Pro Forma Invoice and Offer of Sale to the Buyer, setting out the Timepiece, the total purchase price, the downpayment, and the period of validity. The offer is valid for fourteen (14) calendar days from the date of issue. Payment of the downpayment specified on the Pro Forma Invoice within this period constitutes the Buyer's acceptance of the offer and of these Terms of Sale, and concludes the Purchase Agreement. The Buyer may retract the offer by written notice to Van Bergen 1795 within the same period without liability and without obligation to provide reasons. Failure to pay or retract within the fourteen-day period shall be deemed a retraction, and the offer shall lapse without further notice or formality.
Order Form. Where a sale is concluded in person, including at a trade fair or at a Van Bergen 1795 event, the Buyer shall sign an Order Form which sets out the Timepiece, the total purchase price, the downpayment, and the payment method. The Buyer's signature on the Order Form, together with payment of the downpayment in accordance with clause 3.3, constitutes acceptance of these Terms of Sale and concludes the Purchase Agreement.
Downpayment at Order Form signature. The downpayment shall be paid either by card at the time of signature of the Order Form, or by SEPA bank transfer within fourteen (14) calendar days of the date of the Order Form. Should the downpayment not be received by Van Bergen 1795 within the fourteen-day period, Van Bergen 1795 may, at its sole discretion, treat the order as cancelled by the Buyer, with no further obligation on either party. The specific edition number requested by the Buyer is provisionally reserved upon signature of the Order Form, and confirmed irrevocably upon receipt by Van Bergen 1795 of the downpayment in cleared funds. Should the downpayment not be received within the period stated above, the provisional reservation lapses and the requested edition number returns to the available pool.
Confirmation. Following conclusion of the Purchase Agreement, Van Bergen 1795 shall issue an invoice confirming receipt of the downpayment. This invoice is a confirmation document and does not modify the terms of the Purchase Agreement.
Obvious errors. Van Bergen 1795 is not bound by obvious errors or mistakes in any offer, quotation, Pro Forma Invoice, Order Form, website page, or other communication, including but not limited to typographical errors in prices, edition numbers, or specifications. In the event of an obvious error, Van Bergen 1795 shall be entitled to correct the error and to issue a corrected document, and the Buyer shall be entitled to retract the corrected offer in accordance with clause 3.1.
Variations. Agreements or promises that deviate from the Pro Forma Invoice and Offer of Sale, the Order Form, or these Terms of Sale are only binding upon Van Bergen 1795 after they have been confirmed in writing by Van Bergen 1795.

4. Reservations and waitlist

Reservation. A Buyer wishing to secure priority allocation of a Timepiece in advance of the issuance of a Pro Forma Invoice and Offer of Sale may enter into a Reservation. A Reservation must be confirmed in writing by Van Bergen 1795 and is subject to payment of a deposit, the amount of which will be stated at the time of the Reservation.
Effect of Reservation. The deposit paid under a Reservation secures the priority of the Buyer in the allocation order for the relevant Timepiece. The Reservation is converted into a Purchase Agreement upon issuance and acceptance of a Pro Forma Invoice and Offer of Sale in accordance with clause 3.1, and the deposit shall be offset against the downpayment due under that Pro Forma Invoice.
Cancellation by the Buyer. Should the Buyer cancel a Reservation prior to the issuance of a Pro Forma Invoice and Offer of Sale, the deposit shall be retained by Van Bergen 1795 as compensation for the allocation of the reserved Timepiece and any associated administrative, production, or personalisation costs.
Cancellation by Van Bergen 1795. Van Bergen 1795 reserves the right to cancel a Reservation in exceptional circumstances, in which case any deposit paid by the Buyer will be refunded in full. This refund is the sole remedy available to the Buyer in such an event.

5. Final payment and despatch

Final invoice. Once the Timepiece is ready for despatch, Van Bergen 1795 shall issue a definitive invoice for the balance of the purchase price. The Buyer shall settle the definitive invoice within fourteen (14) calendar days of issuance.
Despatch upon full payment. The Timepiece shall not leave the premises of Van Bergen 1795 until the full purchase price has been received by Van Bergen 1795 in cleared funds.
Currency and bank charges. All amounts are denominated in euro. Bank charges on inbound payments are for the account of the Buyer, and the Buyer shall ensure that the full invoiced amount is received by Van Bergen 1795 net of any such charges.
Late payment. In the event of late payment, the Buyer is in default by operation of law without further notice being required. The Buyer shall owe statutory interest on the outstanding amount at the rate applicable under Dutch law, being statutory commercial interest (wettelijke handelsrente) where the Buyer is acting in the course of a profession or business, or statutory consumer interest (wettelijke rente) where the Buyer is a Consumer. The Buyer shall further bear all extrajudicial collection costs incurred by Van Bergen 1795, calculated in accordance with the Dutch Decree on extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

6. Value added tax

Deliveries within the Netherlands. Deliveries to addresses in the Netherlands are invoiced inclusive of Dutch value added tax at the standard rate of twenty-one per cent (21%).
Deliveries within the European Union. Deliveries to addresses in other Member States of the European Union are invoiced in accordance with the applicable Dutch and European Union value added tax rules, as stated on the Pro Forma Invoice and Offer of Sale or the definitive invoice.
Deliveries outside the European Union. Deliveries to addresses outside the European Union are invoiced at the zero per cent (0%) Dutch value added tax rate applicable to exports under Dutch and European Union value added tax law. Import duties, value added tax, special consumption taxes, and any other charges levied at destination are for the account of the Buyer in accordance with clause 7.

7. Delivery, carriage, and destination charges

Incoterms and delivery address. All private sales are delivered DAP (Delivered at Place, Incoterms 2020) to the precise delivery address stated on the Pro Forma Invoice and Offer of Sale, the Order Form, or the definitive invoice. The Buyer acts as importer of record at destination and is responsible for compliance with all import formalities, including the provision of any identification, tax, or registration numbers required by destination customs.
Carrier. Carriage is performed by Ferrari Group or, where operationally required, by another specialist secure carrier of comparable standing in the haute horlogerie segment, in either case fully insured to the retail value of the Timepiece for the duration of transit. Once the Timepiece has been delivered to and signed for at the address stated on the invoice, transit cover terminates and risk passes to the Buyer. The Buyer, or an authorised adult of the Buyer's household, must be present at the delivery address to take receipt of the Timepiece in person.
Indicative delivery times. Specified delivery times are indicative and do not constitute strict deadlines, unless expressly agreed otherwise in writing.
Redirection of delivery. Once the Timepiece has been despatched, the delivery address may not be amended. Should the Buyer wish to receive the Timepiece at a different address, the Buyer shall communicate this in writing to Van Bergen 1795 prior to despatch, and a revised invoice shall be issued reflecting the corrected address. Requests to redirect a Timepiece in transit cannot be accommodated.
Pre-clearance and pre-billing of destination charges. In markets where the carrier offers a pre-clearance service for high-value timepieces, Van Bergen 1795 shall instruct the carrier to clear the Timepiece through destination customs in advance and to pre-bill the Buyer for all destination duties, value added tax, special consumption taxes, and customs brokerage fees prior to despatch from the Netherlands. In such markets, the Timepiece shall not be despatched until the Buyer has settled the pre-billed destination charges in full and the carrier has confirmed receipt of payment to Van Bergen 1795.
Destination charges where pre-clearance is not available. In markets where pre-clearance is not offered, all destination charges shall be invoiced to the Buyer by the carrier or the local customs agent prior to final delivery. The Buyer is responsible for settling these charges within the period stipulated by the carrier or agent, and in any event no later than fourteen (14) calendar days from the carrier's first notification to the Buyer. Destination charges vary by jurisdiction and by classification at the moment of import, and Van Bergen 1795 makes no representation as to their amount. The Buyer acknowledges that destination charges may be substantial, in particular in jurisdictions that apply special consumption taxes, luxury taxes, or import surtaxes to fine timepieces, and the Buyer is responsible for informing themselves of the charges applicable in the destination jurisdiction. Upon written request, Van Bergen 1795 will provide the harmonised system commodity codes and any other technical information required for the Buyer or the Buyer's customs agent to obtain a landed-cost estimate.
No liability for customs delays. Van Bergen 1795 accepts no liability for delays, costs, or complications arising from customs or import procedures at destination.

8. Refused, delayed, or undelivered shipments

Costs of non-acceptance. Where the Buyer refuses to take delivery, fails to settle destination charges within the stipulated period, provides an inaccurate or incomplete delivery address, fails to be present at the delivery address to take receipt of the Timepiece, or is otherwise unable to receive the Timepiece at the address stated on the invoice, all costs and losses incurred as a consequence shall be for the account of the Buyer. Such costs include, without limitation, destination storage and demurrage, return carriage to the Netherlands, re-export formalities, any duties or taxes advanced by the carrier or the customs agent, currency or exchange losses, and a re-handling fee of two thousand five hundred euro (€2,500) to cover the administrative costs of Van Bergen 1795. Van Bergen 1795 is entitled to deduct these amounts from any sums paid by the Buyer.
Forfeiture, recovery of title, and resale. Should the Buyer fail to resolve a refused, delayed, or undelivered shipment within thirty (30) calendar days of the carrier's first notification, Van Bergen 1795 reserves the right, at its sole discretion, to (i) instruct the carrier to return the Timepiece to Dordrecht at the Buyer's expense, or (ii) declare the Purchase Agreement terminated, recover title to the Timepiece, retain the sums paid by the Buyer up to the level of Van Bergen 1795's actual losses including the costs listed in clause 8.1, refund any balance to the Buyer, and resell the Timepiece. Van Bergen 1795 shall have no obligation to refund any sum where its actual losses meet or exceed the sums paid by the Buyer.
Recovery of further losses. Nothing in clauses 8.1 and 8.2 limits the right of Van Bergen 1795 to recover any loss exceeding the sums retained, including but not limited to the difference between the original sale price and any resale price subsequently achieved, through the competent court.

9. Risk and title

Risk. Risk in the Timepiece passes to the Buyer at the moment the Timepiece is delivered to and signed for at the address stated on the invoice, in accordance with clause 7.2.
Retention of title. Title in the Timepiece shall pass to the Buyer only upon receipt by Van Bergen 1795 of the full purchase price in cleared funds and upon successful delivery to the Buyer in accordance with these Terms of Sale. Until that moment, Van Bergen 1795 retains full legal and beneficial ownership of the Timepiece.

10. Personalisation and bespoke work

Where a Timepiece has been personalised, engraved, fitted with bespoke components, or otherwise customised at the Buyer's request, the Timepiece cannot be returned, exchanged, or refunded under any circumstances, save in respect of a manifest manufacturing defect covered by the manufacturer's warranty. The Buyer's agreement to personalisation shall be confirmed in writing prior to the commencement of the work.

11. Statutory right of withdrawal

The Heero Inaugural Edition, the Monaco Special Edition, the Pièces Uniques, and other limited-edition or numbered Timepieces of Van Bergen 1795 are produced in numbered editions and individually allocated to the Buyer at the moment of order. Such Timepieces, together with any Timepiece personalised under clause 10, are bespoke goods within the meaning of Article 6:230p sub f of the Dutch Civil Code (Burgerlijk Wetboek), and the statutory right of withdrawal applicable to consumer distance sales does not apply to them. The Buyer's contractual right to retract the offer during the fourteen-day validity period under clause 3.1 is unaffected by this clause.

12. Authentication, documentation, and warranty

Certificate of authenticity. Each Van Bergen 1795 Timepiece is delivered with a certificate of authenticity, individually numbered and signed by the President of Van Bergen 1795, together with full provenance documentation. The Buyer is advised to retain all documentation supplied with the Timepiece. Van Bergen 1795 accepts no responsibility for the consequences of loss of provenance documentation after delivery.
Manufacturer's warranty. Each Timepiece is delivered with the Van Bergen 1795 manufacturer's warranty as set out in the certificate accompanying the Timepiece. The warranty is in addition to, and does not limit, the Buyer's statutory rights under Dutch law.
After-sales service. Service, restoration, and overhaul of Timepieces shall be performed by Van Bergen 1795 or by a service centre formally authorised by Van Bergen 1795. Service performed by any other party voids the manufacturer's warranty.
Complaints. Complaints concerning a Timepiece or service supplied shall be submitted to Van Bergen 1795 within a reasonable period after the Buyer has discovered or could reasonably have discovered the defect, fully and clearly described, by written communication to info@vanbergen1795.com. Complaints shall be acknowledged and answered within fourteen (14) calendar days of receipt.

13. Intellectual property

No transfer of intellectual property. The purchase of a Van Bergen 1795 Timepiece does not transfer to the Buyer any rights in the Van Bergen 1795 name, heraldic device, trade marks, designs, copyrights, patents, know-how, or any other intellectual property belonging to Van Bergen 1795.
No commercial reproduction. The Buyer shall not reproduce, copy, modify, or use any Van Bergen 1795 intellectual property for commercial purposes without the prior written consent of Van Bergen 1795.

14. Liability

Exclusion of indirect damage. The liability of Van Bergen 1795 for indirect damage, including consequential damage, loss of profit, lost savings, business interruption, reputational damage, or loss of opportunity, is excluded in full.
Limitation of direct damage. In the event of direct damage for which Van Bergen 1795 is liable, such liability shall be limited to a maximum of the invoice amount of the Timepiece concerned, or to the amount paid out by the liability insurer of Van Bergen 1795 in respect of the matter in question, whichever is the higher.
Mandatory consumer protection. Nothing in this clause 14 shall limit or exclude any liability of Van Bergen 1795 that cannot be limited or excluded under mandatory rules of Dutch or European Union consumer protection law.

15. Force majeure

Excused performance. Neither party shall be liable for failure or delay in performing its obligations under the Purchase Agreement to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of government, embargoes, sanctions, war, civil unrest, natural disasters, pandemics, disruption of supply chains, strikes, or interruption of carrier services. The party affected shall notify the other promptly and shall use reasonable efforts to mitigate the consequences.
Dissolution after three months. In the event of force majeure lasting more than three (3) months, both parties have the right to dissolve the Purchase Agreement in writing. In such cases, Van Bergen 1795 shall refund any amounts paid by the Buyer in respect of Timepieces not yet delivered, without further liability to the Buyer.

16. Confidentiality and data protection

Van Bergen 1795 processes the personal data of the Buyer in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the Van Bergen 1795 Privacy Notice, available at www.vanbergen1795.com/privacy. Personal data is processed for the purposes of executing the Purchase Agreement, providing after-sales service, communicating with the Buyer, and complying with legal obligations.

17. Governing law and jurisdiction

Governing law. The Purchase Agreement and these Terms of Sale are governed by the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) is expressly excluded.
Mandatory consumer protection. Where the Buyer is a Consumer resident in the European Union, the Buyer is not deprived of the protection afforded by the mandatory rules of the law of the country in which the Buyer has their habitual residence.
Jurisdiction, business buyers. Any dispute arising out of or in connection with the Purchase Agreement involving a Buyer acting in the course of a profession or business shall be submitted to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands, without prejudice to the right of Van Bergen 1795 to bring proceedings before any other court of competent jurisdiction.
Jurisdiction, Consumers. Any dispute arising out of or in connection with the Purchase Agreement involving a Consumer may be submitted, at the Consumer's choice, to the competent court in Rotterdam, the Netherlands, or to the competent court of the Consumer's place of habitual residence.

18. Entire agreement, severability, and amendments

Entire agreement. The Pro Forma Invoice and Offer of Sale, or the Order Form, together with these Terms of Sale and any Reservation document, constitutes the entire agreement between the parties in respect of the Timepiece and supersedes any prior representation, understanding, or agreement, whether oral or written.
Severability. Should any provision of these Terms of Sale be held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the parties shall replace the invalid provision with a valid provision that most closely reflects the original intent.
Amendments. These Terms of Sale apply in the version in force at the date of conclusion of the Purchase Agreement. Subsequent amendments to the Terms of Sale do not affect Purchase Agreements already concluded.

Terms of Sale, Version 1.1, dated 2 februari 2026. Van Bergen 1795 B.V., Grotekerksbuurt 13 A, 3311 CA Dordrecht, the Netherlands. KvK 98315226 · VAT NL868442501B01.