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 - Supplementary or Deviating Provisions
 

Article 1 - Definitions

Reflection period: the period within which the consumer can exercise 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 allows the consumer or entrepreneur to store information that is addressed personally to him in a way that enables 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 that the entrepreneur makes available, which a consumer can fill out when he wishes to exercise his right of withdrawal. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers. Distance contract: a contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, the contract is concluded exclusively using one or more techniques for distance communication. Technique for distance 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: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

LifeTime Watches B.V.
Pelmolenlaan 2, 3447 GW Woerden 
Phone number: +31(0)6 2186 8355
Email address: info@lifetimewatches.com
Chamber of Commerce number: 87850710
Btw identification number: NL864426045B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer. Before the distance agreement 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 agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms shall remain in effect for the remainder, and the relevant provision shall be replaced immediately by mutual agreement with a provision that closely approximates the intent of the original.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. 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 products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns: the price including taxes; the possible shipping costs; the manner in which the agreement will be concluded and what actions are necessary for that; whether or not 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 technology for remote communication are calculated on a different basis than the regular basic rate for the communication means used; whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
the manner in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if desired, correct it; the possible other languages in which the agreement can be concluded, in addition to Dutch; 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 the fulfillment of the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution. The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the address (note no 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. the information about warranties and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of withdrawal

Upon delivery of products: when purchasing products, the consumer has the option to cancel the agreement without giving reasons within 5 days. This reflection period starts on the day the product is received by the consumer or a representative designated by the consumer and known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. 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 supplied accessories and in its original condition and packaging to the entrepreneur based on the instructions provided 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 when returning are for the customer and should be taken into account. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 5 days after receiving the product. The notification must be made by the consumer via 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 the notification through personal delivery without the involvement of parcel services. If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact. 

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the maximum costs of 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, provided that the product has already been received back by the online retailer and the online retailer has had the time to subject the product to a thorough internal and external inspection. After approval by the online retailer, the refund will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method. Refunds will, in all cases, be made via bank transfer. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - The price

The prices mentioned in the offer of products or services refer to the full purchase price for the consumer. VAT has been paid on the products at an earlier stage. With all the prices mentioned on the website, there is no need to take VAT into account. It is therefore also not possible to receive a VAT invoice or to 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 the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price or to provide compensation for it. The entrepreneur is also entitled to change its prices at any time. 

Article 9 - Conformity and Warranty

The entrepreneur ensures that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also ensures that the product is suitable for use 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 to the entrepreneur in writing within 8 days of 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. Additionally, he will return the product with all supplied accessories and in its original condition and packaging to the entrepreneur based on the instructions provided 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 for repair are borne by the entrepreneur. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any 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 has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or in violation of the entrepreneur's instructions and/or have been treated on the packaging; The unsoundness 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 utmost care when receiving and executing orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has communicated to the company. Taking into account what is stated in paragraph 4 of this article, the company will strive to execute accepted orders within the target time of 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 can only be executed partially, the consumer will be notified of this no later than 4 working days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation. In the event of dissolution in accordance with 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 to be impossible, the entrepreneur will make an effort to provide a replacement item. In advance, the consumer can indicate whether they wish to proceed with the purchase or refrain from it. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the consumer, taking into account the costs of an insured return shipment. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative 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 promptly report any inaccuracies in the provided or stated payment details to the entrepreneur. In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 12 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 5 days after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within a period of 2 working days from the date of receipt. If a complaint requires a foreseeably 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 response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. In case of complaints, a consumer should first contact the entrepreneur. 

Article 13 - Disputes

"Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad. The Vienna Sales Convention does not apply." 

Article 14 - Supplementary or Deviating Provisions

Regarding the monthly payment structure, the general terms and conditions of our partner apply, which can be viewed upon request.

Any 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 in an accessible manner on a durable data carrier.

 

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