Terms & Conditions

Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 14 - Complaints
Article 15 - Disputes

Article 1 - Definitions
In these conditions apply:
1.    Grace period : The period during which the consumer can exercise his right of withdrawal;
2.   Consumer : the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
3.   Day : calendar day;
4.   Transaction Duration : a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
5.   Durable medium : any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
6.   Right of withdrawal : the ability for consumers to see within the waiting period of the contract;
7.   Standard form : the model withdrawal form that allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.
8.    Entrepreneur : the natural or legal products and / or remote services to the consumer;
9.    Distance contract : an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
10.   Technology for distance communication : means that can be used to conclude a contract, without the consumer and trader being in the same area.
11.   Conditions : the General Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Company name: Tijdloos vof
Address: Mernaweg 2, 9964 AS, Wehe-den Hoorn, Netherlands
Contact: info@tijdloos-horloges.nl
Chamber of Commerce number: 28054918
VAT identification number: NL804458388B01

 Article 3 - Applicability
1.   These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.
2.   Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions for the entrepreneur to see.
3.   If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be viewed electronically.
4.   In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
5.   If one or more provisions of these terms and conditions are wholly or partially invalid at any time or be destroyed, then continue the agreement and these conditions will remain in position and the provision will mutually immediately be replaced by a requirement that the scope of the initial approximating as closely as possible.
6.   Situations that are not covered by these terms and conditions, to be assessed 'in the spirit' of these general conditions.
7.   Uncertainties regarding the interpretation or content of one or more provisions of our terms must be interpreted "in the spirit of these terms and conditions.

Article 4 - The offer
1.   If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2.   The offer is non-binding. The entrepreneur is entitled to change the offer and adapt.
3.   The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
4.   All drawings, specifications information in the offer are indicative and may not lead to damages or rescission of the contract.
5.   Pictures of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
6.   Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including / excluding taxes;
- any costs of delivery;
- how the agreement will be achieved and what actions they require;
- whether to apply the right of withdrawal;
- the method of payment, delivery and performance of the contract

Article 5 - The contract
1.   The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2.   If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3.   If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4.   The entrepreneur can - within the law - inform the consumer's ability to meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5.   The entrepreneur will the consumer in the product or service 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 medium, send:
   1.   the address of the establishment of the business where consumers can lodge complaints;
   2.  the conditions under which and the manner in which the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
   3.  Each agreement is entered into under the condition precedent of sufficient availability of the products.

Article 6 - Right of withdrawal
When delivering products:
1.   When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative. This only applies within the EU.
2.   During this period the consumer will treat the product and packaging. He will be the product only to the extent unpacking the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal does, he will the product with all accessories and in original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3.   When the consumer wishes to exercise his right of withdrawal, he is required within 14 days after receipt of the product, to make known to the operator. The express is to make the consumer using the model form. Once the consumer has expressed the wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods are returned on time, for example through a proof of posting. This only applies within the EU.
4.   If the customer after the not known periods specified in paragraph 2 and 3 to make use of his right of withdrawal, respectively. Product has not returned to the entrepreneur, the purchase is a fact. 
5.   To use his right of withdrawal, the consumer focus to the operator to supply and / or appearance on delivery to area provided reasonable and clear instructions.

Article 7 - Costs in case of withdrawal
1.   If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2.  If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 21 days after cancellation, refund. This is the condition that the product has already received back and evaluated there may be provided by the merchant or conclusive evidence of complete return. This only applies within the EU.

Article 8 - Exclusion of right of withdrawal
1.   The entrepreneur can exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
2.   Exclusion of the right of withdrawal is only possible for products:
   1.   which have been created by the entrepreneur to the consumer's specifications;
   2.   that are clearly personal in nature;
   3.   that cannot be returned due to their nature;
   4.   whose price depends on fluctuations in the international watch market on which the entrepreneur has no influence;
   5.   for individual newspapers, magazines and books.

Article 9 - The price
1.   During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2.   Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the international watch market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3.   Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4.   Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
   1.   they are the result of legislation or regulations; or
   2.   the consumer is authorized to terminate the contract with effect from the date the increase takes effect.
5.   The prices include VAT mentioned in the offer of new products.
6.   The rates in the range of products used are exclusive of VAT. (Margin)
7.   All prices are subject to pressure - errors. For the consequences of pressure - and misprints no liability is accepted. With pressure - errors the trader is not obliged to deliver the product according to the erroneous price.

Article 10 - Compliance and Warranty
1.   The operator guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2.   A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
3.   Any defects or incorrectly delivered goods must be reported in writing within 5 days after delivery to the operator. Return of the goods must be in original packaging and in new condition.
4.   The entrepreneur is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the products.
5.   The guarantee does not apply if:
     1. The consumer has repaired the products delivered and / or processed or repaired and / or modified by third parties;
     2. The delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the operator and / or packaging are processed;
     3. The defectiveness is caused wholly or partly by regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution
1.    The trader will take the greatest possible care when receiving and implementing orders for products.
2.   The place of delivery is the address that the consumer makes known to the company.
3.   Subject to what is stated in paragraph 4 of this Article, the company will execute accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the agreement without penalty. The consumer is not entitled to compensation.
4.   All delivery dates are indicative. The consumer has no rights any time limits. A term is exceeded, the consumer is not entitled to compensation.
5.   In case of dissolution in accordance with the paragraph 3 of this Article, the operator the amount that consumers paid as soon as possible but no later than 14 days after repudiation.
6.   The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 12 - Payment
1.   Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1.
2.   The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
3.   In case of default of the consumer, the entrepreneur subject to statutory limitations, the right to charge the reasonable costs incurred to the Consumer.

Article 14 - Complaints
1.   The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2.   Complaints about the implementation of the agreement must be made fully and clearly described within seven days to the entrepreneur, after the consumer has found the defects.
3.   When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
4.   If the complaint cannot be resolved by mutual agreement creates a dispute that is subject to dispute.
5.   A complaint does not suspend the obligations of the entrepreneur, unless the operator specifies otherwise.
6.   If a complaint is accepted by the entrepreneur, the entrepreneur at its option or the products will be replaced free of charge, repair or refund the purchase price.

Article 15 - Disputes
1.   On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is domiciled abroad.
2.   Dutch law applies to these terms & conditions.