GENERAL TERMS & CONDITIONS

Article 1 – Definitions

1. MOA: MOA, located in Bussum, registered with the Dutch Chamber of Commerce under number 72670339.
2. Client: the person with whom MOA has entered into an agreement for the provision of services and the sale of products.
3. Product: the goods sold by MOA to the Client.
4. Agreement: the agreement between MOA and the Client for (i) the performance of services or (ii) the sale and delivery of products by MOA to the Client as part of the services.
5. Services: the creation of pregnancy sculptures by MOA and related artworks, in the broadest sense of the word.

Article 2 – Applicability

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of MOA.
2. MOA and the Client may only deviate from these terms if expressly agreed in writing.
3. MOA and the Client expressly exclude the applicability of the Client’s general terms and conditions or those of any third party.

Article 3 – Formation of the Agreement

1. All offers and other expressions by MOA are without obligation, unless expressly stated otherwise in writing. MOA is never obliged to accept or execute any request.

Article 4 – Prices

1. MOA uses prices in pounds, excluding any additional costs such as administrative or shipping costs, unless agreed otherwise in writing.
2. MOA may adjust the prices of its services and products on its website or in other expressions at any time.
3. Increases in the cost price of products or components thereof, which MOA could not have foreseen when making the offer or entering into the Agreement, may give rise to price increases.
4. The consumer has the right to cancel the Agreement due to a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulations.
5. The Client must notify MOA of any cancellation at least 24 hours in advance. An administration fee of €12.50 will be deducted for each cancellation. If the appointment is not cancelled or is cancelled too late, an administration fee of £25 will be retained as a no-show fee, intended to cover administrative costs and lost revenue. In the case of medical force majeure, the appointment may always be cancelled free of charge.

Article 5 – Payments and Payment Term

1. The Client must pay for products immediately in the studio, or within 10 days by bank transfer.

Article 6 – Right of Complaint

1. The Client must check within 10 working days after delivery whether the delivered products show any external defects and whether they correspond with the description on the packing slip. If the Client does not notify MOA in writing via info@moastudios.eu within two working days after this period about any discrepancy, the products and the packing slip will be deemed to correspond in nature and quantity, and the delivered products will be considered unconditionally accepted.
2. If the Client believes that the products do not possess the properties that could reasonably be expected under the Agreement, the Client must notify MOA immediately in writing, with a detailed description of the discrepancy.
3. If the Client makes a timely complaint, MOA will confirm this in writing. MOA will then consult with the Client and conduct any necessary investigation. The Client must allow MOA the opportunity to establish the discrepancy within twenty days after the complaint has been submitted.
4. A complaint does not entitle the Client to suspend payment obligations.
5. If MOA considers a complaint justified, MOA may either (1) reimburse up to the invoice value of the products or (2) replace the products free of charge.
6. If the Client is in default, MOA may invoke the right of reclamation regarding unpaid products.
7. The Client bears the costs for retrieving or returning products as referred to in paragraph 3.

Article 7 – Right of Withdrawal

1. Returns are excluded, as all products constitute personalised, made-to-order items created according to the Client’s specifications.

Article 8 – Right of Retention

1. MOA may exercise a right of retention and keep products belonging to the Client until all outstanding invoices have been paid, unless the Client has provided sufficient security.
2. This right also applies to earlier agreements under which the Client still owes MOA money.
3. MOA is not liable for any damage the Client may suffer as a result of the exercise of this right.

Article 9 – Retention of Title

1. MOA remains the owner of all delivered products until the Client has paid all outstanding invoices relating to the Agreement, including claims arising from non-performance.
2. Before ownership transfers, the Client may not pledge, sell, transfer, or otherwise encumber the products.
3. If MOA enforces its retention of title, the Agreement is terminated and MOA may claim compensation for damages, lost profits and interest.

Article 10 – Delivery

1. Ordered products will be delivered to the address provided by the Client.
2. If the Client fails to pay on time, MOA may suspend its obligations until payment has been made.
3. Late payment constitutes creditor’s default, meaning the Client cannot hold MOA responsible for delayed delivery.

Article 11 – Delivery Time

1. Delivery times stated by MOA are indicative. The Client cannot derive rights from later delivery unless explicitly agreed otherwise.
2. The delivery time starts once the Client has completed the order process and payment and received confirmation from MOA.
3. The Client is not entitled to compensation or termination of the Agreement due to delayed delivery, unless agreed in writing or if MOA cannot deliver within 30 days of the agreed date after being notified in writing.

Article 12 – Actual Delivery

1. The Client must ensure that actual delivery of the products can take place on time.

Article 13 – Transport Costs

1. Transport costs are paid by the Client, unless agreed otherwise in writing.

Article 14 – Packaging and Shipment

1. If the packaging of a delivered product is opened or damaged, the Client must have the carrier record this before accepting the product. Failure to do so means the Client cannot hold MOA liable for any damage.
2. If the Client arranges their own transport, any visible damages must be reported to MOA in advance; otherwise, MOA cannot be held liable.

Article 15 – MOA Services

1. MOA has a best-efforts obligation, not an obligation of result. The service process is creative in nature, and MOA may make creative decisions.
2. All (delivery) deadlines provided by MOA are established to the best of its knowledge but are never binding or final. Exceeding such a deadline does not constitute default.
3. The Client must provide all necessary information to MOA in a timely manner. Failure to do so entitles MOA to suspend execution and charge any resulting costs.
4. If the Agreement is to be carried out in phases, MOA may suspend subsequent phases until the Client has approved the previous phase in writing.

Article 16 – Payment

1. Unless agreed otherwise, all MOA invoices must be paid within 10 days of the invoice date, or earlier if indicated by MOA, without any right to discount or set-off. MOA may invoice per partial delivery.
2. All payment-related costs, including the provision of security if required, are borne by the Client.
3. If the payment term is exceeded, the Client is automatically in default without notice, and MOA may suspend its work.
4. If the Client continues to fail to pay, MOA may engage a collection agency. The Client will be liable for all associated extrajudicial and judicial costs, which shall be no less than £60.
5. The Client may never set off any (alleged) claims against MOA.
6. If the Client disputes an invoice, this must be reported within 14 days of the invoice date, failing which the right to dispute expires.

Article 17 – Indemnification

1. The Client indemnifies MOA against all claims from third parties relating to products and/or services provided by MOA.

Article 18 – Complaints

1. The Client must inspect delivered products or services as soon as possible for any shortcomings.
2. If a product or service does not meet what the Client could reasonably expect, they must notify MOA within 7 days, with a detailed description of the issue.
3. The Client must demonstrate that the complaint relates to the Agreement with MOA.
4. If the complaint concerns ongoing work, the Client may not demand work other than what was agreed.

Article 19 – Engagement of Third Parties

1. MOA may engage third parties for the performance of the Agreement.
2. MOA will act with due care but is not liable for shortcomings of third parties.

Article 20 – Client Liability

1. If MOA enters into an Agreement with multiple Clients, each is jointly and severally liable for the obligations arising from the Agreement.

Article 21 – MOA Liability

1. MOA is not liable for damage resulting from the use of products by the Client, including incorrect installation or improper use.
2. MOA is not liable for any loss or damage arising from or related to the provision of services or the sale or delivery of products, except in cases of intent or gross negligence.
3. MOA is not liable for damage resulting from incorrect or incomplete information provided by the Client.
4. No third party may derive rights from the Agreement.
5. All images, photos, colours, drawings and descriptions on the website or in catalogues are indicative and may not give rise to any rights.

Article 22 – Limitation Period

1. Any right to compensation expires one month after the event giving rise to the claim, without prejudice to Article 6:89 of the Dutch Civil Code.

Article 23 – Force Majeure

1. In addition to Article 6:75 DCC, a failure by MOA cannot be attributed when caused by force majeure.
2. Force majeure includes, among others:

• emergencies such as civil war or natural disasters
• default or force majeure by suppliers or carriers
• power, electricity, internet, computer or telecom failures
• computer viruses
• strikes
• government measures
• transport issues
• severe weather
• work stoppages

1. If force majeure prevents MOA from fulfilling obligations, these obligations are suspended.
2. After 60 consecutive days of force majeure, both parties may terminate the Agreement in whole or in part in writing.
3. MOA does not owe compensation during force majeure, even if it benefits from the situation.

Article 24 – Amendment of the Agreement

1. If necessary for proper execution, the Client and MOA may amend the Agreement. This does not apply to products already purchased by the Client.

Article 25 – Termination & Dissolution

1. Either party may dissolve the Agreement if the other party, after proper written notice of default with a reasonable deadline, fails to fulfil essential obligations.
2. MOA may terminate or suspend its work without notice or judicial intervention if the
3. Client fails to meet payment obligations, if circumstances give good reason to fear non-performance, if suspension of payment is requested, bankruptcy is filed, or the
4. Client’s business is liquidated. In such cases, MOA is never liable for damages.
5. If any provision proves void or voidable, parties will agree on a replacement provision that best reflects the original intent.

Article 26 – Amendment of Terms

1. MOA may amend these general terms and conditions.
2. 2. Minor changes may be implemented at any time.
3. Significant amendments will be discussed with the Client where possible.
4. In case of significant amendments, a consumer may terminate the underlying Agreement.

Article 27 – Transfer of Rights

1. The Client may not transfer any rights arising from the Agreement to third parties without MOA’s written consent.
2. This provision constitutes a property-law restriction as referred to in Article 3:83(2) DCC.

Article 28 – Consequences of Nullity or Voidability

1. If any provision of these terms is found null or voidable, this does not affect the validity of the remaining provisions.
2. A null or voidable provision will be replaced by a provision that most closely reflects MOA’s original intent.

Article 29 – Privacy

1. MOA’s Privacy Policy applies to the Agreement.
2. MOA reserves the right to amend the Privacy Policy unilaterally.

Article 30 – Intellectual and Industrial Property Rights

1. All intellectual property rights relating to MOA’s products and services belong to MOA or its licensors.
2. MOA may publish photos of products created as part of the services on its website and social media without prior Client permission.
3. The Client is expressly prohibited from reproducing, disclosing or exploiting products or any materials on which MOA’s intellectual property rights rest, including but not limited to software, system designs, methods, advice, (model) contracts and other creations, whether or not involving third parties.
4. MOA will never provide the digital scan created as part of the services.

Article 31 – Applicable Law and Competent Court

1. Dutch law applies to these terms and every Agreement between the Client and MOA.
2. The competent court in the district where MOA is established has exclusive jurisdiction over any disputes, unless mandatory law stipulates otherwise.

Drafted on 16 November 2025.