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 performance
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 his 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 to him personally in such a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period.

Model withdrawal form: the model withdrawal form that the entrepreneur makes available and that the consumer can fill in if he wishes to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: a contract concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication.

Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space.

General Terms and Conditions: the General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

LifeTime Watches B.V.

Pelmolenlaan 2, 3447 GW Woerden, The Netherlands

Phone 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 from the entrepreneur and to every distance agreement and order concluded 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible. 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 will be made available to the consumer by electronic means 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 agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means 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 mutatis mutandis (i.e., with the necessary changes having been made) and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions shall remain in force for the rest and the provision concerned shall be replaced immediately and in mutual consultation by a provision that approximates the value of the original as much as possible. Situations that are not governed by these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt 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, they 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 any compensation or termination of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of delivery; 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 accepting the offer, or the period within which the entrepreneur guarantees the price; the amount of the tariff for communication at a distance if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication method used; whether the agreement is archived after being concluded, and if so, how the consumer can access it; the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by him in the context of the agreement; the possible other languages in which, in addition to 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 in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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 secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures. Within the framework of the law, the entrepreneur may inquire whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to conclude the agreement, he is entitled to refuse a request or order, or to attach special conditions to its execution, with reasons given. The entrepreneur shall include the following information with the product or service, in writing or in such a way that it can be stored in an accessible manner on a durable data carrier by the consumer:

1. the address (note: no visiting address) of the establishment of the entrepreneur and where the consumer can address complaints;
2. the conditions and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
3. information on guarantees and existing after-sales service;
4. the data referred to in paragraph 3 of Article 4 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

In the case of the sale of products, the consumer has the right to withdraw from the agreement without giving any reason within a period of 5 days. This cooling-off period starts on the day the consumer or a previously designated representative receives the product from the entrepreneur. During this period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The consumer shall not remove any stickers and shall not use or wear the product if he wishes to exercise his right of withdrawal. In addition, the consumer shall return the product with all accessories supplied, in its original condition and packaging, in accordance with the instructions provided by the entrepreneur. It is necessary to use insured shipping with a minimum coverage of the full value of the watch. The costs of this insured return shipping are for the customer's account and must be taken into account. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 5 days of receiving the product. The consumer shall notify the entrepreneur of his intent to exercise his right of withdrawal by email to info@lifetimewatches.nl. After the consumer has notified the entrepreneur of his intent to exercise his right of withdrawal, the consumer shall also return the product within 5 days by personal delivery without the involvement of any parcel delivery service. If the consumer has not notified the entrepreneur of his intent to exercise his right of withdrawal or has not returned the product to the entrepreneur within the periods specified in paragraphs 2 and 3, the sale is considered final.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the maximum cost of personal delivery shall 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 by the web retailer and the web retailer has had the opportunity to subject the product to a comprehensive internal and external inspection. After approval by the web retailer, the refund will be made through the same payment method used by the consumer, unless the consumer explicitly gives permission for another payment method. In all cases, the refund will be made by bank transfer. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal prior to the conclusion of the purchase agreement.

Article 8 - The price

The prices stated in the offer of products or services are the full purchase price for the consumer. VAT has been paid on the products at an earlier stage. With all prices mentioned on the website, there is no need to take into account VAT. Therefore, it is also not possible to receive a VAT invoice or to claim back the VAT for business purposes. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price or to provide compensation for it. The entrepreneur is also allowed 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 mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees 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 on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 8 days after delivery. The consumer shall only unpack the product to the extent necessary to assess whether the product has defects or has been incorrectly delivered. The consumer shall not remove any stickers from the product and shall also not use/wear the product if he wishes to make use of his conformity warranty. In addition, he shall return the product with all accessories supplied and in its original condition and packaging to the entrepreneur based on the instructions provided by the entrepreneur. It is necessary that shipment is made by 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 shall be borne by the entrepreneur. The entrepreneur's warranty period corresponds to the manufacturer's 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 has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or have been treated in a careless manner or in violation of the entrepreneur's instructions and/or have been stated on the packaging; The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 10 - Delivery and execution

The entrepreneur shall exercise the utmost care in receiving orders for products and assessing requests for the provision of services, as well as in the execution of such orders and requests. The place of delivery shall be the address that the consumer has provided to the company. Subject to the provisions of paragraph 4 of this Article, the company shall endeavour to execute accepted orders 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 in whole or in part, the consumer shall be notified of this no later than 4 working days after placing the order. In that case, the consumer shall have the right to dissolve the agreement free of charge. The consumer shall not be entitled to compensation for damages. All delivery times are solely indicative and non-binding. The consumer cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation for damages. In the event of dissolution in accordance with paragraph 3 of this Article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 5 working days after receipt. If delivery of a product that has been ordered proves to be impossible, the entrepreneur shall endeavour to make a replacement article available. In this case, the consumer may indicate in advance whether he wishes to proceed with the purchase or to cancel it. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the consumer, taking into account the costs of insured return shipment. The risk of damage to and/or loss of products shall remain with the entrepreneur until the event of delivery to the consumer or to a representative designated in advance and made 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 has the obligation to immediately report any inaccuracies in the provided or stated payment information to the entrepreneur. In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs communicated to the consumer, subject to legal limitations.

Article 12 - Complaints procedure

The entrepreneur has a well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be fully and clearly described and submitted to the entrepreneur within 5 days after the consumer has discovered 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 foreseeable longer processing time, the entrepreneur will respond within the period of 4 days with a message of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In case of complaints, a consumer must first contact the entrepreneur.

Article 13 - Disputes

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

Article 14 - Additional or deviating provisions

Regarding the monthly payment scheme, the general terms and conditions of our partner are applicable, which can be inspected upon 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 the consumer can store them in an accessible manner on a durable data carrier.