Terms & Conditions
TERMS AND CONDITIONS
ARTICLE 1 – DEFINITIONS
These conditions mean:
Cooling-off period: the time limit within which
the consumer may use his right of withdrawal;
Consumer means the natural person who does not
act in the pursuit of occupation or business and enters into a distance
contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance agreement
relating to a range of products and/or services, the supply and/or purchase
obligation of which is spread over time;
Sustainable data medium: any means that allows
the consumer or entrepreneur to store information that is personally addressed
to him in a way that allows future consultation and unaltered reproduction of
the stored information. Right of withdrawal: the possibility for the consumer
to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who
offers products and/or remote services to consumers; Distance Agreement: an
agreement whereby, under a system organised by the entrepreneur for distance
selling of products and/or services, only one or more remote communication
techniques are used until the conclusion of the contract;
Remote communication technology: means that can
be used to conclude an agreement, without consumers and entrepreneurs having
simultaneously come together in the same space.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Horlogekado.nlbased
in Hillegom, and administrator of this website.
Location address: Heijermanswende 34 - 2182 WX HillegomPhone
number: +31 (0)610 897 765
Accessibility: Monday to Friday from 10.00 -
17:00
E-mail address: sales@horlogekado.nl
KvK: 58198016VAT
No.: NL852920477B01
ARTICLE 3 – APPLICABILITY
1. These terms and conditions shall apply to any offer made by the entrepreneur
and to any distance agreement between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general
conditions shall be made available to the consumer. India this is not
reasonably possible, before the distance agreement is concluded, it will be
indicated that the general conditions can be seen with the entrepreneur and
they will be sent free of charge at the request of the consumer as soon as
possible.
3. India the distance agreement shall be made available electronically by way
of derogation from the previous paragraph and before the distance agreement is
concluded, the text of these general conditions may be made available to the
consumer by electronic means in such a way that it can be easily stored by the
consumer on a durable data carrier. India this is not reasonably possible, before
the agreement is concluded remotely, it will be indicated where the terms and
conditions can be communicated by electronic means and that they will be
transmitted by electronic means or otherwise free of charge at the consumer's
request.
4. In the event that, in addition to these general conditions, specific product
or conditions of service of application, the second and third paragraphs shall
apply mutatis mutandis and, in the event of conflicting general conditions, the
consumer may always invoke the applicable provision which is most favourable to
him.
ARTICLE 4 - THE OFFER
1. India an offer has a limited period of validity or is subject to conditions,
this is explicitly stated in the offer.
2. The offer shall contain a full and accurate description of the products
and/or services offered. The description is sufficiently detailed to allow a
good assessment of the offer by the consumer. If the entrepreneur uses images,
they are a true representation of the products and/or services offered. Obvious
mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer shall contain information in such a way that it is clear to the
consumer what the rights and obligations are attached to the acceptance of the
offer. This concerns in particular:
- the price including taxes,
- any cost of delivery,
- the way in which the Agreement will be concluded and what acts are required,
- whether or not the right of withdrawal applies,
- the method of payment, delivery and implementation of the Agreement,
- the time limit for acceptance of the offer or the time limit within which the
trader guarantees the price,
- the level of the distance communication rate if the cost of using the remote
communication technique is calculated on a
based on the basis other than the regular basic rate for the means of
communication used;
- whether the contract is archived after its conclusion, and, if so, how it can
be consulted for the consumer,
- the way in which, before the contract is concluded, the consumer can verify
and, if desired, recover the information provided by him under the contract,
- any other languages in which, in addition to Dutch, the agreement may be
concluded,
- the codes of conduct to which the entrepreneur has subjected himself and the
way in which consumers can consult these codes of conduct by electronic means,
And
- the minimum duration of the distance contract in the event of an expensive
transaction.
ARTICLE 5 - THE AGREEMENT
1. The agreement shall be concluded, subject to paragraph 4, at the time of
acceptance by the consumer of the offer and the fulfilment of the conditions
laid down therein.
2. India the consumer has accepted the offer by electronic means, the
entrepreneur shall immediately confirm by electronic means receipt of the
acceptance of the offer. As long as the receipt of this acceptance has not been
confirmed by the entrepreneur, the consumer may terminate the contract.
3. India the agreement is made electronically, the entrepreneur takes
appropriate technical and organisational measures to ensure the electronic
transfer of data and ensures a secure webomgeving. If the consumer can pay
electronically, the entrepreneur will security measures in eight nemen.
4. The entrepreneur may inform himself - within legal frameworks - whether the
consumer is commitments may be as well as all those facts and factors that are
important for the responsible entering into the distance agreement. India the
economic operator has good grounds for not entering into the contract on the
basis of this investigation, is entitled to refuse an order or application or
to attach special conditions to the execution.
5. The economic operator shall, in the case of the product or service to the
consumer, provide the following information, in writing or in such a way that
it can be stored by the consumer in an accessible manner on a durable data
carrier, by the following:
a. the address of the establishment of the entrepreneur where the consumer can
go with complaints;
(b) the conditions under which and the manner in which the consumer may
exercise the right of withdrawal or a clear notification of the exclusion of
the right of withdrawal;
c. information on warranties and existing post-purchase service;
(d) the information contained in Article 4(3 of these conditions, unless the
economic operator has already provided such information to the consumer before
the performance of the contract;
e. the requirements for termination of the contract if the agreement has a
duration of more than one year or is of indefinite duration.
6. In the case of an endurance transaction, the provision in the previous
paragraph shall apply only to the first delivery.
ARTICLE 6 – RIGHT OF DECOMPOSING
1. When purchasing products, the consumer shall have the
option of decomposing the contract for 14 days without giving reasons. This
cooling-off period shall take into place on the day after the product is
received by the consumer or a pre-consumer-appointed and announced
Representative.
2. During the cooling-off period, the consumer will handle the product and
packaging carefully. He will only extract or use the product to such an extent
to the extent necessary to assess whether he wishes to retain the product.
India he shall use his right of withdrawal, return the product with all
accessories supplied and, if reasonably possible, to the owner in its original
condition and packaging, in accordance with the reasonable and clear
instructions provided by the entrepreneur.
3. Where the consumer wishes to make use of his right of withdrawal, he shall
be obliged to do so within 14 days of receipt of the product, known
entrepreneur. The public's information should be made by the consumer Through
the model form. After the consumer has announced his wish to make use of his
right of withdrawal, the customer must return the product within 14 days. The
consumer must prove that the items delivered have been returned in good time,
for example by means of proof of dispatch.
4. India the customer has not indicated at
the end of the time limits referred to in paragraphs 2 and 3 that he wishes to
make use of his right of withdrawal or has not returned the product to the
entrepreneur, the purchase is a fact.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. India the consumer makes use of his right of
withdrawal, the maximum cost of return will be borne.
2. India the consumer has paid an amount, the
entrepreneur will refund this amount as soon as possible, but not later than 14
days after withdrawal. However, the condition is that the product is already
received back has been consulted by the web retailer or conclusive proof of
complete return.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. The economic operator may exclude the right of withdrawal of the consumer to
the extent provided for in paragraphs 2 and 3. The exclusion of the right of
withdrawal applies only India the entrepreneur has clearly mentioned this in
the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
(a) established by the entrepreneur in accordance with consumer specifications;
(b) which are clearly personal in nature and/or to which any printing has been
applied other than the manufacturer's brand logos.
(c) which cannot be returned by their very nature;
d. which can quickly spoil or age;
e. the price of which is tied to fluctuations in the financial market to which
the entrepreneur has no influence;
f. for separate newspapers and periodicals;
g. for audio and video recordings and computer software whose consumer has broken
the seal.
3. Exclusion of the right of withdrawal is only possible for services:
(a) to carry out accommodation, transport, restaurant or leisure activities on
a given date or during a specified period;
(b) whose delivery began with the express consent of the consumer before the
cooling-off period has elapsed;
c. Concerned betting and lotteries.
ARTICLE 9 - PRICE
1. During the period of validity indicated in the offer,
the prices of the products and/or services offered shall not be increased, subject
to price changes as a result of changes in the VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer
products or services whose prices are tied to fluctuations in the financial
market and which the entrepreneur has no influence on with variable prices.
This commitment to fluctuations and the fact that any prices listed are target
prices are indicated by the offer.
3. Price increases within 3 months of the conclusion of the agreement shall be
permitted only India they are the result of legislation or provisions.
4. Price increases from 3 months after the conclusion of the agreement shall
only be permitted India the entrepreneur has negotiated this and:
(a) they are the result of legislation or provisions; Or
b. the consumer has the power to terminate the contract from the day on which
the price increase starts.
5. The prices listed in the supply of products or services shall include VAT.
ARTICLE 10 - CONFORMITY AND GUARANTEE
1. The entrepreneur shall be er voor in that the products and/or services
comply with the agreement, the specifications set out in the offer, the
reasonable requirements of soundness and/or usability and the laws and/or
public regulations existing on the date of the conclusion of the agreement.
If agreed, the entrepreneur is Also in that the product is suitable for other
than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer shall not
affect the legal rights and claims which the consumer may assert against the
entrepreneur under the contract.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The entrepreneur shall take the utmost care when receiving and executing
orders of products and in assessing requests for service.
2. The place of delivery shall be the address which the consumer has made known
to the holding.
3. Taking into account what is specified in Article 4 of these terms and
conditions, the company shall carry out accepted orders with competent urgency
but not later than 30 days unless a longer delivery period has been agreed.
India delivery is delayed, or if an order cannot be executed or only partially
executed, the consumer will receive a notification no later than 30 days after
placing the order. In that case, the consumer has the right to terminate the
contract at no cost and the right to any damages.
4. In the event of dissolution conform the previous member will reimburse the
trader the amount paid by the consumer as soon as possible, but not later than
30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will
make an effort to make a replacement item available. At the latest at delivery,
it will be clearly and understandably reported that a replacement item is
delivered. In the case of replacement articles, the right of withdrawal cannot
be excluded. The costs of a possible return are at the expense of the
entrepreneur.
6. The risk of damage and/or disappearance of products rests with the
entrepreneur until the time of delivery to the consumer or a pre-designated and
disclosed to the entrepreneur representative, unless expressly agreed
otherwise.
ARTICLE 12 - PAYMENT
1. Where otherwise agreed, the amounts due by the consumer shall be paid within
14 days of the start of the cooling-off period referred to in Article 6(1). In
the case of an agreement to provide a service, this period shall begin after
the consumer has received confirmation of the contract.
2. In the case of the sale of products to consumers, a prepayment of more than
50% may never be negotiated in terms of terms and conditions. When prepayment
has been negotiated, the consumer cannot assert any right On the execution of
the relevant order or service(s) before the negotiated prepayment has taken
place.
3. The consumer has a duty to report inaccuracies in payment details provided
or disclosed to the entrepreneur without delay.
4. In the event of a consumer default, the entrepreneur Except legal
restrictions, the right to charge the reasonable costs previously disclosed to
the consumer.
ARTICLE 13 - COMPLAINTS SCHEME
1. The entrepreneur has a sufficient announced handling the complaint in
accordance with this complaints procedure.
2. Complaints about the implementation of the contract must be submitted
to the entrepreneur within 7 days in full and clearly, after the consumer has
identified the deficiencies.
3. Complaints submitted to the entrepreneur shall be answered within a
period of 14 days from the date of receipt. If a complaint requires a
foreseeable longer processing time, the entrepreneur replies within the 14-day
period with a receipt notice and an indication when the consumer can expect a
more detailed answer.
4. India the complaint cannot be resolved by mutual agreement, a dispute
that is open to the dispute settlement arises.
5. Bij Complaints Serves A
Consume First too Apply to the
Entrepreneur. Bij klaughs that cannot be
resolved by mutual agreement, the consumer should turn to the Foundation
WebwinkelKeur (www.webwinkelkeur.nl), it will mediate for free. Should a solution not yet be reached, the
consumer has the opportunity to make his complaint by stichting
GeschilOnline (www.geschilonline.com) the ruling is
binding and both entrepreneur and consumer agree to this binding ruling. The submission of a dispute to this Disputes Committee is subject to
costs which must be paid by the consumer to the relevant committee. Also is it Possible To
Complaints To too Report through the European ODR platform (http://ec.europa.eu/odr).
6. A
complaint does not suspend the obligations of the entrepreneur unless the
entrepreneur indicates otherwise in writing.
7. India a complaint is found to be justified by the entrepreneur, the
entrepreneur will replace or repair the products delivered free of charge.
ARTICLE 14 - DISPUTES
1. Agreements between the entrepreneur and the consumer to which these terms
and conditions relate shall apply only Dutch law.
2. Disputes between the consumer and the entrepreneur concerning the
establishment or implementation of agreements relating to products or services
to be supplied by that entrepreneur may be submitted to the Webshop Disputes
Committee, Postbus 90600, 2509 LP te Den Haag (www.sgc.nl).
3. A dispute is caused by the Disputes committee only if the consumer has first
submitted his complaint to the entrepreneur within a competent time.
4. Not later than three months after the dispute has arisen, the dispute shall
be settled in writing with the Disputes committee pending to be made.
5. Where the consumer wishes to refer a dispute to the Disputes committee, is
the entrepreneur is bound by this choice. If the economic operator wishes to do
so, the consumer will have to say in writing, within five weeks of a request
made in writing by the entrepreneur, whether he wishes to do so or to have the
dispute dealt with by the competent court. If the trader does not perceive the
choice of the consumer within the five-week period, the entrepreneur is
entitled to present the dispute to the competent court.
6. From Disputes committee does judgment under the conditions laid down in the
Rules of the Disputes Committee. The decisions of the Disputes committee
to be carried out in the case of binding advice.
7. From Disputes committee will do not deal with a dispute or cease treatment
if the trader has been granted suspension of payment, has become bankrupt or
has effectively terminated his business, before a dispute has been dealt with
by the committee at the hearing and a final ruling has been handed down.
8. Indian naast de Webshop Disputes Committee another recognised or at the
Consumer Affairs Complaints Commissions Foundation (SGC) or the Financial
Services Complaints Institute (Kifid) member disputes committee has
jurisdiction, the Webshop Disputes Committee has jurisdiction in the case of
disputes concerning mainly the method of sale or remote service. For all other
disputes, the other recognised at SGC or Kifid member disputes committee.
ARTICLE 15 - ADDITIONAL OR DEROGATIONPROVISIONS
Additional provisions or derogating from these terms and conditions may not be
to the detriment of the consumer and must be laid down in writing or in such a
way that they can be stored by the consumer in an accessible manner on a
durable data carrier.