Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - The price
Article 9 - Conformity and warranty
Article 10 - Delivery and execution
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes
Article 14 - Additional or deviating provisions
Article 1 - Definitions
Reflection period: the period within which the consumer can make use of his right of withdrawal. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur. Day: calendar day. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when he wants to make use of his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for remote communication are used. Technique for remote communication: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
LifeTime Watches B.V.
Pelmolenlaan 2, 3447 GW Woerden
Telephone number: +31(0)6 2186 8355
Email address: info@lifetimewatches.com
Chamber of Commerce number: 87850710
VAT identification number: NL864426045B01
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically to the consumer in deviation from the previous paragraph and before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. In case specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are wholly or partially null or void at any time, the agreement and these conditions will remain in effect for the rest and the relevant provision will be replaced immediately by a provision that approximates the intent of the original as much as possible in mutual consultation. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and which actions are necessary for this; whether the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the communication medium used; whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - investigate whether the consumer can meet his payment obligations, as well as all facts and factors important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer on a durable data carrier:
a. the address (note: not a visiting address) of the entrepreneur's establishment and where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products: only with online purchase of products does the consumer have the possibility to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. The consumer will not remove any stickers from the product and will also not use/wear it if he wishes to exercise his right of withdrawal. Furthermore, he will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur based on the instructions indicated by the entrepreneur. It is necessary that shipping is done via insured shipping for at least the insured amount of the full value of the watch. The costs of this insured shipping upon return are for the customer and must be taken into account. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must notify by email to info@lifetimewatches.nl. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must also return the product within 5 days after notification by personal delivery without the intervention of parcel services. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, at most the costs of the personal delivery will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received by the web store and the web store having had time to subject the product to a thorough internal and external inspection. After approval by the web store, the refund will be made via the same payment method used by the consumer unless the consumer explicitly consents to another payment method. Refund will always be made by bank transfer. In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
Article 8 - The price
The prices mentioned in the offer of products or services are the full purchase price for the consumer. VAT has already been paid on the products at an earlier stage. All prices mentioned on the website do not need to take VAT into account. It is therefore also not possible to receive a VAT invoice or reclaim VAT for business purposes. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price or to provide compensation. The entrepreneur is also entitled to change its prices at any time.
Article 9 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 8 days after delivery. The consumer will only unpack the product to the extent necessary to assess whether the product has defects or has been incorrectly delivered. The consumer will not remove any stickers from the product and will also not use/wear it if he wishes to make use of his conformity warranty. Furthermore, he will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur based on the instructions indicated by the entrepreneur.It is necessary that shipping is done via insured shipping for at least the insured amount of the full value of the watch. In case of any defects or incorrectly delivered products, the costs of repair lie with the entrepreneur.The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated on the packaging; The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 10 - Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for services. The place of delivery is the address that the consumer has made known to the company. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed within 2-4 working days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified no later than 4 working days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation. In case of dissolution according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 5 working days after receipt. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. The consumer can indicate in advance whether he wishes to proceed with the purchase or refrain from it. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are borne by the consumer, taking into account the costs of insured return shipping. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Article 11 - Payment
Unless otherwise agreed, payments must be made in advance by bank transfer. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur immediately. In case of consumer default, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.
Article 12 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 5 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 2 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 4 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute resolution procedure. In case of complaints, a consumer must first contact the entrepreneur.
Article 13 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Also if the consumer resides abroad. The Vienna Sales Convention does not apply.
Article 14 - Additional or deviating provisions
Regarding the pay-per-month construction, the general terms and conditions of our partner apply, which can be viewed on request.
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.