Terms & conditions

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – The scope of application
Article 4 – Current offerings
Article 5 – Agreement
Article 6 – The right of withdrawal
Article 7 – Costs of withdrawal
Article 8 – Exclusion to the right of withdrawal
Article 9 – Pricing
Article 10 – Compliance and warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different terms

Article 1 – Definitions

The following definitions apply in these terms and conditions:

– Consideration 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 who enters into a distance contract with the entrepreneur;
– Day: Calendar day;
– Duration transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation which is spread over time;
– Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
– The right of withdrawal: the possibility for the consumer to cancel the distance agreement within the consideration period;
–  A model form: the model form for withdrawal that the entrepreneur supplies so that a consumer can fill it in when 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 agreement: an agreement whereby the entrepreneur has provided a system for selling products or providing services on distance, which will be provided after closing the agreement on distance through recorded communication.
-Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Vics Vintage Watches

De Tureluur 11, Wierden, the Netherlands
+31 6 511 313 46
vicsvintagewatches@hotmail.com

Chamber of Commerce number: 84253924
VAT identification number: NL003933624B32

Article 3 – Applicability

-These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between entrepreneur and consumers.
– Before the distance agreement is concluded, the text of these general terms and conditions are 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 viewed at the entrepreneur.
– If the distance contract is concluded electronically, contrary to the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions will be available to the consumer electronically in such a way that the consumer can store the terms and conditions in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be read electronically before the distance contract is concluded.
– In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him.
– If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become invalid, the remainder of the agreement and these terms and conditions will remain in force. The terms in question will be replaced by new terms that come as close as possible the original terms.
– Situations that are not regulated in these terms and conditions should be assessed “in the spirit” of these terms and conditions.
– Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.

Article 4 – Current offerings

– If an offer has a limited duration or is subject to 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 products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
– All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
– Images for products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
– Each offer contains information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
– The price including/excluding taxes;
– The possible costs of shipment;
– The manner in which the agreement will be concluded and which actions are required for this;
– Whether or not the right of withdrawal is applicable;
– The method of payment, delivery, and implementation of the agreement

Article 5 – The agreement

– The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
– If the consumer has accepted the offer electronically, the entrepreneur will confirm the acceptance of the offer electronically as soon as possible. As long as the entrepreneur has not confirmed this acceptance, the consumer can terminate 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
– The entrepreneur can – within the law – inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
– The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
– The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– Every agreement is entered under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products trough our online service:

– When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This consideration period starts on the day following the confirmation of the agreement of the product by the consumer or a representative chosen in advance by the consumer and announced to the entrepreneur.
– During the consideration period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
– If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
– If after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, the product has not been returned to the entrepreneur, the purchase is a fact.
– To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

– If the consumer makes use of his right of withdrawal, the costs of the return shipment will be for the consumer.
– If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received and assessed by the online retailer or conclusive proof of complete and correct return can be submitted.

Article 8 – Exclusion of the right of withdrawal

– The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
– Exclusion of the right of withdrawal is only possible for products:
That has been established by the entrepreneur in accordance with the consumer’s specifications;
That is clearly personal in nature;
That cannot be returned due to their nature;
whose price depends on fluctuations in the international watch market over which the entrepreneur has no influence;
Or individual newspapers, magazines, and books.

Article 9 – pricing

– During the validity period stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
– Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the international watch market and over which the entrepreneur has no influence.
This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
– Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
– Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
– These are the result of statutory regulations or provisions, or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
– The prices stated in the range of new products include VAT.
– The prices stated in the range of used products are exclusive of VAT. (Margin)
– All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Warranty

– The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
– A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
– Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 5 days after delivery. Return of the products must be in the original packaging and in new or ‘as sold as’ condition.
– 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 are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and implementation

– The entrepreneur will take the greatest possible care when receiving and when executing product orders.
– The place of delivery is the address that the consumer has made known to the company.
– Taking into account what is stated in this regard in paragraph 4 of this article, the company will execute accepted orders with due speed, though at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
– All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
– In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
– 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 made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Payment

– Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1.
– The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
– In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.

Article 14 – Complaints

– The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
– Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
– Complaints submitted to the entrepreneur will be answered within a period of 7 days from the date of reception. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within a period of 7 days with a message of reception and an indication when the consumer can expect a more detailed answer.
– If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

– A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
– If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, or repay the purchase amount if no other suitable outcome can be provided.

Article 15 – Disputes

– Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer is living abroad.
– The Vienna Sales Convention does not apply.