Terms of service

General Terms & Conditions of Sale

Company

LOYA B.V.

Registered address

Keizersgracht 520, 1017 EK Amsterdam, The Netherlands

Chamber of Commerce (KVK)

99780453

Version

1.0

Effective date

1 September 2026

Contact

info@loya-bv.com

These General Terms and Conditions apply to all offers, agreements, orders, deliveries and services of LOYA B.V. LOYA makes these General Terms and Conditions available electronically before the agreement is concluded, in a way that allows the customer to store them. The terms apply where they have been declared applicable before the order is placed.

Chapter 1 – Definitions

In these General Terms and Conditions, the following terms have the following meanings:

LOYA: LOYA B.V., with its registered office in Amsterdam and registered with the Chamber of Commerce under number 99780453.

Customer: Any natural person or legal entity that enters into or wishes to enter into an agreement with LOYA.

Agreement: Any agreement between LOYA and the customer relating to the supply of products and/or services.

Memorial Diamond: A laboratory-grown diamond in which the memorial material supplied by the customer is fully processed in the production process. Where technically necessary for stable diamond growth, additional laboratory carbon may be added. LOYA does not state a fixed percentage of carbon originating from the memorial material.

Memorial material: Human cremation ashes, pet cremation ashes, hair, fur or other biological material approved by LOYA that is supplied by the customer for the purpose of the production process.

Jewellery: All rings, pendants, earrings, bracelets and other jewellery supplied by LOYA.

MYLOYA: LOYA's digital platform on which customers can manage information, photos, videos, documents and other digital memories.

E-Love: A trade name and brand name of LOYA for digital and related memorial services. E-Love is not a separate contracting party.

Website: All websites, web shops and online platforms managed by LOYA.

Working day: Any calendar day except Saturday, Sunday and recognised Dutch public holidays.

Chapter 2 – Applicability

2.1 These General Terms and Conditions apply to all quotations, offers, agreements, orders, deliveries and services of LOYA.

2.2 Deviations from these terms are only valid if confirmed in writing by LOYA.

2.3 The customer's general terms and conditions are expressly rejected, unless LOYA has accepted them in writing in advance.

2.4 If one or more provisions of these terms prove to be wholly or partially void or are annulled, the remaining provisions remain in full force.

2.5 LOYA reserves the right to amend these General Terms and Conditions. Amended terms apply only to new agreements, unless otherwise agreed. Amendments required by mandatory legislation may be applied to existing agreements insofar as permitted by law and provided the customer is informed in good time.

Chapter 3 – Products and Services

3.1 LOYA develops, produces and sells, among other things:

• Memorial diamonds from human cremation ashes;
• Memorial diamonds from pet cremation ashes;
• Memorial diamonds from hair or other approved biological material;
• Jewellery incorporating memorial diamonds;
• Luxury presentation boxes;
• Digital memorial services via MYLOYA;
• Additional products and services related to preserving and commemorating cherished memories.

3.2 Each memorial diamond is produced individually. As a result, each product is unique.

3.3 Production-related differences do not constitute a defect insofar as they fall within reasonable tolerances communicated in advance and the product conforms to the order confirmation, the agreed specifications and the statutory conformity requirements.

3.4 Photos, videos, renders and images on the website, in brochures or in marketing materials are for illustrative purposes only and may differ from the final product. Differences in screen settings, photography and lighting conditions may also affect the colour displayed.

3.5 LOYA reserves the right to change products, specifications, collections, prices and designs at any time or to remove them from the range. Changes to products, specifications or prices do not affect orders already confirmed by LOYA, unless the customer agrees to this in writing.

Chapter 4 – Formation of the Agreement

4.1 All offers from LOYA are without obligation, unless expressly stated otherwise.

4.2 An agreement is concluded as soon as:

• The customer has placed an order; and
• LOYA has confirmed this order in writing or electronically.

4.3 LOYA reserves the right to refuse an order or to request additional information if, in its opinion, there are reasonable grounds for doing so.

4.4 Obvious errors, mistakes, typographical errors, pricing errors or system errors in quotations, price quotes, websites, AI, software, synchronisation and system errors or order confirmations do not bind LOYA. LOYA has the right to correct such errors before the agreement is performed.

4.5 If a product or service unexpectedly turns out to be unavailable, LOYA has the right to cancel the agreement in whole or in part. Any amounts already paid for the product concerned will in that case be refunded. LOYA will inform the customer of this as soon as possible and will refund the amount concerned without undue delay.

4.6 LOYA reserves the right to refuse or cancel an order in the event of:

• A reasonable suspicion of fraud;
• Misuse of payment methods;
• Incorrect personal data;
• Violation of laws or regulations;
• Circumstances making performance of the agreement reasonably impossible;
• Sanctions legislation;
• Export controls;
• Anti-money laundering legislation.

4.7 Death of the customer

If the customer dies before the agreement has been fully performed, LOYA will continue the agreement with the beneficiary designated in advance in writing by the customer (Contingent Beneficiary).

If no beneficiary has been designated, LOYA will act solely on the instructions of the appointed executor of the estate, after sufficient proof of their authority has been provided.

If no executor has been appointed or is authorised, LOYA will act solely on the joint instructions of the legal heirs, after sufficient proof of their authority has been provided.

LOYA is entitled to suspend performance of the agreement until the required supporting documents have been received.

Chapter 5 – Prices and Payment

5.1 All prices stated are in euros and include Dutch VAT, unless expressly stated otherwise.

5.2 Additional taxes, import duties, customs charges or local levies may apply to deliveries outside the Netherlands. Unless otherwise agreed in writing, these are entirely for the customer's account.

5.3 Payment must be made via the payment methods offered by LOYA.

5.4 In the case of a consumer purchase, LOYA may require the consumer to pay at least 50% of the purchase price in advance. The remaining amount is payable according to the payment schedule stated in the order. LOYA may also offer voluntary payment methods whereby the consumer chooses to pay the full purchase price in advance. Different payment arrangements may apply to business customers.

5.5 Production of a memorial diamond begins only after:

• The agreed payment has been received; and
• The required memorial material has been received and accepted by LOYA.

The demonstrable moment at which LOYA receives the Collection Kit constitutes the definitive contractual cancellation deadline, even if actual production begins at a later time.

5.6 As long as the full purchase price has not been paid, all delivered products remain the property of LOYA.

5.6.1 The Memorial Diamond, the jewellery and all associated components remain the property of LOYA until the full purchase price and any additional costs have been paid in full.

5.7 From the moment LOYA receives the Collection Kit, the order can no longer be changed or cancelled. This also applies if the actual carbon extraction or diamond production has not yet started.

5.8 If the customer fails to meet their payment obligations on time, LOYA is entitled to suspend performance of the agreement until full payment has been made. LOYA is also entitled to terminate (rescind) the agreement if the payment arrears last longer than thirty (30) days.

5.9 Any costs arising from incorrect address details, refused deliveries, uncollected shipments or additional transport costs are for the customer's account.

Chapter 6 – Supply of Memorial Material

6.1 General

For the manufacture of a Memorial Diamond, the customer must make sufficient memorial material available to LOYA in accordance with the instructions provided by LOYA.

LOYA only accepts memorial material that has been approved in advance in writing or via the website.

6.2 Responsibility of the customer

The customer declares and guarantees that:

• They are entitled to make the memorial material available to LOYA;
• All required consents from bereaved relatives or other interested parties have been obtained;
• The material supplied has been lawfully obtained;
• The information provided is complete and accurate;
• The customer indemnifies LOYA against justified claims by third parties resulting from an attributable breach of these declarations by the customer.

LOYA is entitled to require proof of this authority.

6.2.1 Insufficiently suitable material

LOYA assesses whether the memorial material supplied is suitable for processing. The material in principle contains sufficient usable carbon. Where technically necessary, additional laboratory carbon may be used. Only if the material cannot be processed safely or in a technically sound manner will LOYA contact the customer.

6.3 Shipping of memorial material

LOYA strives to provide clear instructions for packaging and shipping memorial material.

The customer is responsible for correct packaging and timely handover in accordance with LOYA's instructions. From the demonstrable handover to the carrier designated by LOYA, LOYA bears the transport risk, insofar as mandatory law or the agreed shipping arrangement so provides.

6.4 Ownership of the memorial material

The memorial material remains the property of the customer until it is irreversibly processed in the production process. The agreed cancellation deadline upon receipt of the Collection Kit is separate from the moment of transfer of ownership.

6.5 Complete processing of the memorial material

The memorial material supplied in accordance with LOYA's instructions is fully incorporated into the production process. "Fully processed" means that the entire quantity supplied in accordance with LOYA's instructions is incorporated into the production process. No separate residual material is kept or returned.

6.6 Additional laboratory carbon

Where technically necessary for stable diamond growth, additional laboratory carbon may be used. The memorial material supplied by the customer is fully processed in the production process. LOYA does not state a fixed percentage of carbon originating from the memorial material. The use of additional laboratory carbon in accordance with these terms does not in itself constitute a ground for termination (rescission), provided the Memorial Diamond conforms to the agreed product specifications and statutory conformity requirements.

Chapter 7 – Production Process

7.1 General

Each Memorial Diamond is produced using a specialised laboratory process in which carbon from the memorial material is purified and used to grow a laboratory diamond.

7.2 Unique character

The customer acknowledges that each Memorial Diamond is unique.

LOYA therefore cannot guarantee exact characteristics with regard to:

• Colour;
• Clarity;
• Cut;
• Inclusions;
• Fluorescence;
• Dimensions;
• Final carat weight.

Deviations from illustrative examples do not constitute a defect insofar as the Memorial Diamond conforms to the product specifications, tolerances and statutory conformity requirements agreed in writing.

7.3 Production failure

Despite careful execution, it may happen that diamond growth is technically unsuccessful.

In that case, depending on the technical circumstances, LOYA may:

• have a new growth attempt carried out;
• use additional laboratory carbon;
• request additional memorial material from the customer if technically necessary;
• offer a suitable alternative solution; or
• refund the purchase price in full or in part if further production is not reasonably possible.

7.4 Use of laboratories

LOYA may use specialised laboratories, international production partners and logistics service providers for parts of the production process.

LOYA strives to be the point of contact for the customer throughout the entire process.

7.5 Independent certification

Only where certification is part of the chosen product or is expressly included in the order confirmation will LOYA submit the Memorial Diamond to the agreed independent gemmological laboratory. Not every Memorial Diamond is certified. If agreed certification unexpectedly proves impossible, LOYA will inform the customer and offer a suitable solution in consultation.

Chapter 8 – Production Times and Delivery

8.1 Expected production time

The production times stated on the website or in quotations are indicative.

The actual production time depends on, among other things:

• The quality of the memorial material;
• Laboratory capacity;
• Desired diamond size;
• Certification;
• Customs formalities;
• International transport.

8.2 No strict deadline

Stated production times are indicative, unless a fixed delivery date has been expressly agreed. In the event of a delay, LOYA will inform the customer as soon as possible. The consumer's statutory rights to set a reasonable additional period and then to terminate (rescind) the agreement remain fully applicable.

8.3 Delivery

Delivery takes place at the delivery address specified by the customer.

The customer is responsible for notifying changes of address in good time.

Additional costs resulting from incorrect address details are for the customer's account.

8.4 Inspection

After receipt, the customer must inspect the delivery as soon as possible.

Any visible damage or deviations must be reported to LOYA in writing within ten (10) days.

This period applies only to immediately visible defects and does not affect the statutory rights of consumers in the event of non-conformity. Failure to report within ten days does not result in the loss of the consumer's statutory conformity rights.

8.5 Indirect damage due to delays

Delays do not entitle the customer to compensation for indirect damage, including the costs of ceremonies, travel, events or other personal expenses.

Chapter 9 – Delivery, Transport and Risk

9.1 Shipping method

Unless otherwise agreed, LOYA reserves the right to determine which carrier is used for shipment.

9.2 Insured shipping

LOYA ships Memorial Diamonds and jewellery insured and trackable and, where the carrier offers this, with a signature or other confirmation of receipt.

The insurance covers only the financially demonstrable value of the shipment.

9.3 Transfer of risk

In the case of a consumer purchase, the risk of loss or damage passes at the moment the customer or a recipient designated by them has actually taken receipt of the products.

9.4 Delayed delivery

LOYA is not liable for a delay caused solely by circumstances beyond its reasonable control, provided LOYA has carefully selected the carrier and taken appropriate measures. LOYA remains responsible for its statutory delivery obligations towards consumers.

9.5 Uncollected shipments

If a shipment is not collected or is refused, all resulting costs are for the customer's account.

Chapter 10 – Cancellation, Changes and Right of Withdrawal

10.1 Changing an order

Orders can only be changed as long as LOYA has not yet received the Collection Kit. LOYA may charge costs already incurred for a change. After receipt of the Collection Kit, changes are only possible if LOYA expressly agrees to them in writing.

LOYA will make every effort to accommodate changes but cannot guarantee this.

10.2 Cancellation before receipt of the Collection Kit

As long as LOYA has not yet received the Collection Kit, the customer may request cancellation. In the event of cancellation before receipt of the Collection Kit, LOYA may only deduct reasonable costs that were disclosed in advance and have actually been incurred. LOYA will provide a breakdown of these costs on request.

10.3 No cancellation after receipt of the Collection Kit

From the moment LOYA receives the Collection Kit, the order can no longer be cancelled. This also applies during the period between receipt of the Collection Kit and the actual start of carbon extraction or diamond production.

10.4 Statutory right of withdrawal

For products that are manufactured according to the customer's specifications, are not prefabricated and are made on the basis of an individual choice or decision of the customer, or are clearly intended for a specific person, there is no statutory right of withdrawal pursuant to Article 6:230p, under f, sub 1 of the Dutch Civil Code.

LOYA's Memorial Diamonds, personalised jewellery and other custom-made products are products manufactured according to the customer's specifications, are not prefabricated, are made on the basis of an individual choice or decision of the customer and are clearly intended for a specific person. These products therefore fall under the aforementioned statutory exception.

Chapter 11 – Warranty and Service

11.1 Statutory warranty

LOYA guarantees that its products conform to the agreement, the reasonable expectations the customer may have of them and the statutory requirements applicable at the time of delivery.

This warranty does not affect the statutory rights of consumers.

11.2 Manufacturing warranty

LOYA provides a manufacturer's warranty of 24 months from the date of delivery on manufacturing and material defects that occur during normal use.

If a manufacturing defect is established, LOYA will, at its discretion:

• Repair the product free of charge;
• Replace the product; or
• Refund the purchase price in full or in part.

This manufacturer's warranty does not affect the statutory rights of consumers. The 24-month commercial warranty does not limit the statutory conformity rights, which may apply for longer depending on the nature and reasonably expected lifespan of the product.

11.3 No warranty

The warranty does not cover:

• Normal wear and tear;
• Scratches;
• Discolouration due to use;
• Damage caused by dropping or impact;
• Damage caused by chemical products;
• Improper use;
• Improper maintenance;
• Improper storage;
• Repairs carried out by third parties;
• Modifications not carried out by LOYA;
• Damage resulting from normal wear of settings or other components, or loss of a diamond or other gemstone as a result thereof.

An exclusion applies only where the damage or defect was demonstrably caused by the stated circumstance.

11.4 Memorial Diamonds are unique products. Small deviations in colour, clarity, carat weight, dimensions, cut or inclusions do not constitute a defect but are inherent to the production process.

Chapter 12 – Liability

12.1 General liability

LOYA is liable for damage insofar as:

• there is a shortcoming in the performance of the agreement attributable to LOYA or an unlawful act attributable to LOYA;
• the damage is sufficiently causally connected to that shortcoming or unlawful act; and
• the damage qualifies for compensation under applicable law.

The mere fact that a customer is disappointed with a subjective characteristic or personal expectation does not constitute grounds for liability where the product delivered conforms to the agreement, the order confirmation, the tolerances communicated in advance and the statutory conformity requirements.

12.2 Mitigation of damage and notification

The customer must notify LOYA of damage or imminent damage as soon as possible and take reasonable measures to prevent or limit its occurrence or extent.

LOYA is not obliged to compensate damage insofar as this damage could have been prevented or limited by reasonable measures on the part of the customer.

A time limit for reporting damage does not limit the statutory rights of a consumer where the consumer has reported the damage within a reasonable period as defined by law.

12.3 Memorial material

LOYA recognises that ashes, hair and other memorial material may have unique personal and emotional significance.

If memorial material is lost, mixed up or seriously damaged as a result of a shortcoming attributable to LOYA or a party engaged by LOYA, LOYA will:

• inform the customer personally as soon as possible;
• refund the amount paid by the customer for the affected and undelivered part of the order;
• reimburse reasonable and demonstrable direct costs insofar as these can be attributed to LOYA by law;
• assess together with the customer whether an appropriate goodwill payment will also be offered; and
• investigate the incident and take appropriate improvement measures.

The personal or emotional significance of memorial material does not in itself give rise to an independent amount of damages that can be expressed in money. Any compensation for non-material or other non-financial damage will be determined exclusively in accordance with the applicable statutory conditions.

The arrangement described in this article does not limit any rights or compensation to which the consumer is entitled under mandatory law.

12.4 Third parties engaged

LOYA may use laboratories, production partners, jewellery manufacturers, carriers and other carefully selected service providers for the performance of the agreement.

LOYA's liability for the acts or shortcomings of these parties is determined in accordance with the applicable statutory rules. The engagement of a third party does not in itself limit the customer's statutory rights against LOYA.

12.5 Business customers

Insofar as the customer acts in the exercise of a profession or business, LOYA's liability is limited to direct damage resulting from an attributable shortcoming on the part of LOYA.

In the case of a business customer, LOYA's total liability per event or series of related events is limited to the amount paid out by LOYA's liability insurer in the relevant case, plus the applicable deductible.

If, for whatever reason, no payment is made by the insurer, liability towards a business customer is limited to the invoice amount of the part of the agreement to which the liability relates.

Towards business customers, LOYA is, to the extent permitted by law, not liable for loss of profit, loss of turnover, missed savings, reputational damage, loss of data, business interruption or other indirect or consequential damage.

12.6 Exceptions to limitations of liability

The limitations of liability in this chapter do not apply in the event of:

• death or personal injury;
• liability under mandatory product liability law;
• intent or deliberate recklessness on the part of LOYA's management; or
• other liability that may not be excluded or limited under mandatory law.

For consumers, the limitations of liability apply only insofar as they are legally valid under applicable consumer law.

12.7 No guarantee of financial or therapeutic value

LOYA provides no guarantee or commitment regarding:

• the future financial value;
• the resale value;
• a future increase in value;
• the investment value; or
• the marketability

of a Memorial Diamond or piece of jewellery. Memorial Diamonds, jewellery and LOYA's services have a personal, emotional and symbolic significance. They are not intended or suitable as a medical, therapeutic, psychological or scientific treatment.

Chapter 13 – Force Majeure

LOYA is not liable for delays or shortcomings if these are the result of circumstances beyond its reasonable control, including but not limited to:

• War;
• Terrorism;
• Pandemics;
• Epidemics;
• Government measures;
• Strikes;
• Fire;
• Floods;
• Natural disasters;
• Cyberattacks;
• Power outages;
• Laboratory malfunctions;
• Transport problems;
• Customs delays;
• Export or import restrictions;
• Shortages of raw materials;
• Ransomware;
• Cloud outages;
• Failure of payment providers;
• Export bans;
• Sanctions legislation;
• International trade restrictions.

During a force majeure situation, LOYA's obligations are suspended. If the force majeure situation is expected to last longer than sixty days or performance becomes permanently impossible, the customer may terminate the agreement free of charge for the part not yet performed. In that case, LOYA will refund the amounts to which it is no longer entitled due to the termination.

Chapter 14 – Intellectual Property

All intellectual property rights relating to:

• LOYA;
• MYLOYA;
• E-Love;
• The website;
• Photos;
• Videos;
• Designs;
• Texts;
• Logos;
• Software;
• Product images;
• Documentation;

are vested exclusively in LOYA or its licensors.

Nothing from the website or other communications of LOYA may be copied, distributed, modified or used commercially without prior written permission.

Chapter 15 – Personal Data and Privacy

LOYA processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR/AVG).

The way in which LOYA processes personal data is set out in the separate Privacy Statement, in which LOYA provides information about the processing of personal data in accordance with the GDPR.

Insofar as necessary for the performance of the agreement, personal data may be shared with carefully selected logistics partners, laboratories, payment providers and other service providers.

Chapter 16 – MYLOYA and Digital Services

When the customer uses MYLOYA, the MYLOYA Terms of Use and Digital Legacy Policy also apply. These are made available to the customer electronically before activation.

The customer remains the owner of the photos, videos and other files they upload.

By uploading these files, the customer grants LOYA only a limited licence to process this data for:

• The performance of the agreement;
• The functioning of MYLOYA;
• Back-up purposes;
• Technical support.

LOYA will not disclose this data without the customer's consent, unless required by law.

Chapter 17 – Complaints

Complaints must be reported to LOYA in writing within a reasonable time after they have been discovered. A notification within two months of discovery is in any event considered timely.

LOYA will acknowledge receipt of a complaint within fourteen (14) days and strives to deal with the complaint substantively within thirty (30) days. If a complaint cannot be dealt with within this period, LOYA will inform the customer of the delay in good time and give an indication of the period within which a substantive response will follow.

Submitting a complaint does not automatically suspend payment obligations. This does not limit the customer's statutory right to suspend a payment in whole or in part if LOYA fails to fulfil its obligations.

Chapter 18 – Governing Law and Disputes

All agreements between LOYA and the customer are governed exclusively by Dutch law.

The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

The parties will endeavour to resolve any disputes first through mutual consultation and, where appropriate, through mediation or another form of out-of-court dispute resolution.

If the parties do not reach a solution, disputes will be submitted to the competent court in Amsterdam, unless mandatory consumer law designates another competent court. A consumer retains at all times the rights to which they are entitled under mandatory applicable law.

Chapter 19 – Amendment of the General Terms and Conditions

LOYA reserves the right to amend these General Terms and Conditions.

New versions are published on LOYA's website and apply to agreements concluded after publication.

If an amendment is necessary due to changes in legislation or court rulings, it may also apply to existing agreements insofar as permitted by law.

Chapter 20 – Final Provisions

These General Terms and Conditions, together with the order confirmation, the applicable product specifications and any additional written agreements, constitute the agreement between LOYA and the customer. If a provision of these terms proves to be wholly or partially void or voidable, the remaining provisions remain in full force. The parties will replace the provision concerned with a provision that approximates the original intention as closely as possible.

Failure by LOYA to exercise any right under these terms does not constitute a waiver of that right.

These General Terms and Conditions have been drawn up in the Dutch language. In the event of a translation into another language, the Dutch version prevails.

Chapter 21 – Sanctions Legislation

LOYA reserves the right to refuse or suspend orders if delivery conflicts with national or international sanctions legislation, export regulations or other applicable laws and regulations.

22. Contact

LOYA B.V.

Keizersgracht 520

1017 EK Amsterdam

The Netherlands

info@loya-bv.com

www.loyadiamonds.com

General Terms and Conditions — LOYA B.V. — Version 1.0, effective 1 September 2026.