General terms and conditions

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General Terms and Conditions Amstel Watches B.V.

• Definitions and interpretation

1. In these General Terms and Conditions, the following terms have the following meanings:

General Terms and Conditions	These General Terms and Conditions.
Amstel Watches B.V.	Amstel Watches B.V., registered with the Dutch Chamber of Commerce under number 84765755, with its registered office at Vijzelstraat 68, 1017HL Amsterdam.
Buyer	The natural or legal person with whom Amstel Watches B.V. wishes to conclude, or has concluded, an Agreement, or the prospective Buyer* (*: in the case of a search assignment).
Agreement	Any agreement to which these General Terms and Conditions have been declared applicable.
Party / Parties	Amstel Watches B.V. and the Buyer, individually or collectively.
Product(s)	The product(s) supplied by Amstel Watches B.V., including watches and their related accessories, and other jewellery items and their related accessories.
Website	www.amstelwatches.nl

1. Singular forms of the defined terms also include the plural, and vice versa.

1. Unless expressly stated otherwise, in these General Terms and Conditions:

1. a reference to a "third party" means any person other than the Parties themselves; and

1. a reference to an Article means an article of these General Terms and Conditions.

1. Headings and sub-headings in these General Terms and Conditions are included for ease of reference only and have no independent meaning.

• Applicability of the General Terms and Conditions

1. These General Terms and Conditions apply to all orders, quotations, proposals, offers and other agreements between the Buyer and Amstel Watches B.V., insofar as they relate to the sale of Products by Amstel Watches B.V. and no deviating conditions have been declared applicable.

1. A distance contract may be concluded between the Buyer and Amstel Watches B.V. in which, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication (ordering, delivery and payment remotely via the website, chat, e-mail, etc.).
2. These General Terms and Conditions replace any earlier versions.

1. Any general terms and conditions or purchasing conditions of the Buyer do not apply and are expressly rejected by Amstel Watches B.V.

1. If any provision of these General Terms and Conditions or of the Agreement is void, annulled, invalid, non-binding or in conflict with a mandatory provision of law (an "invalid provision"), the remaining provisions of these General Terms and Conditions or of the Agreement will remain in full force. Any invalid provision will be replaced, by mutual agreement between the Buyer and Amstel Watches B.V., with a provision that comes as close as possible to the purpose of the void or voided provision.

1. Provisions of these General Terms and Conditions that, by their nature, are intended to survive termination of the Agreement will remain in force after termination.

1. In addition to these General Terms and Conditions, the general terms and conditions of the manufacturer of the Product apply (for example Rolex: https://www.rolex.com/nl and https://www.rolex.com/nl/legal-notices/terms-of-use.html).

• Deviations and changes

1. Agreements that deviate from these General Terms and Conditions are only binding if Amstel Watches B.V. has expressly agreed to them in writing.

1. In the event of any conflict between provisions of the Agreement and these General Terms and Conditions, the provisions of the Agreement shall prevail.

1. The Buyer cannot derive any rights from a previously agreed deviation with respect to other agreements.

1. Amstel Watches B.V. is entitled to unilaterally amend these General Terms and Conditions. Amstel Watches B.V. will notify the Buyer of any such change, unless it concerns a non-material change that is necessary for the business operations of Amstel Watches B.V.

• Establishment of the Agreement

1. All proposals, offers and other communications from Amstel Watches B.V., as well as any quotations, prices and terms provided by Amstel Watches B.V., are without obligation, unless expressly stated or agreed otherwise.

1. Reserving a Product does not constitute an Agreement and does not give the Buyer the right to purchase the Product. Amstel Watches B.V. will make every effort to sell the intended Product to the Buyer, but a reservation does not create any obligation for Amstel Watches B.V. Amstel Watches B.V. is free to sell reserved Products to other parties (this is because it sometimes happens that more customers order online almost simultaneously than there are Products in stock).

1. Amstel Watches B.V. cannot be held to its offers or quotations if the prospective Buyer can reasonably understand that they, or any part thereof, contain an obvious error or typographical mistake.

• Payment

  
  

1. 1. Payment is made by transferring the purchase price to the bank account specified by Amstel Watches B.V.

1. The amount due to Amstel Watches B.V. must be paid to Amstel Watches B.V. immediately upon delivery, or after the services have been provided, unless otherwise agreed, without prejudice to art. 4.2.

1. If, after the date on which the agreement is concluded, one or more of the cost price factors increase – even if this occurs as a result of foreseeable circumstances – Amstel Watches B.V. is entitled to increase the agreed price accordingly.

• Delivery

1. Amstel Watches B.V. is obliged to deliver the Product subject to the condition precedent that the Buyer has paid the purchase price. The Buyer only becomes the owner of the Product once Amstel Watches B.V. has received payment and the Product has been delivered to the Buyer.

1. Delivery times are indicative. The Buyer cannot derive any rights from them.

1. Exceeding the delivery time does not in itself place Amstel Watches B.V. in legal default. A formal written notice of default is always required for this. A single instance of exceeding the delivery time does not entitle the Buyer to compensation or to termination of the agreement.

1. Delivery takes place by making the Product available at the shop or workshop, or at another agreed location.

1. The costs and risk of shipment to a Buyer residing or established in the Netherlands are for the account and risk of Amstel Watches B.V. The risk of loss, or of direct or indirect damage or depreciation of a delivered Product, passes to the Buyer as soon as the Product has been made available to the Buyer and delivered.
2. The Buyer must report any damage to the shipping packaging to the carrier upon delivery. Any damage to the packaging of the Product identified after delivery is for the Buyer's account.

• Right of withdrawal

1. The Buyer may exercise their right of withdrawal within 14 days after the purchase.

1. Any costs associated with the withdrawal of Products are for the account of the Buyer.

• Products on request

1. If the Buyer has instructed Amstel Watches B.V. to order a specific Product, the Buyer is no longer entitled to withdraw or cancel from the moment that Amstel Watches B.V. has acquired ownership of the ordered Product.
2. Amstel Watches B.V. is entitled at all times to require the Buyer to make a down payment of up to 15% of the purchase price, or to provide security for the Buyer's performance of its obligations under the agreement.
3. Once Amstel Watches B.V. has acquired the Product referred to in Article 9.1, the Buyer is obliged to pay the purchase price to Amstel Watches B.V. within fourteen (14) days, less any amount already paid in advance.

1. If a Product is purchased from a third party specifically for a prospective Buyer but ultimately – for any reason – is not purchased by that prospective Buyer, Amstel Watches B.V. reserves the right to charge the Buyer a reasonable fee of 20% of the total purchase price to cover (administrative) costs.

• Warranty

1. The warranty set out here with respect to the normal functioning of the Product applies for one year after delivery.

1. The warranty on a delivered Product never extends beyond the warranty provided by the (original) manufacturer or supplier of the Product (the factory warranty).

1. If the manufacturer of the Product has provided any warranty with respect to the Product, Amstel Watches B.V. will make every effort to help the Buyer enforce that warranty.

1. If the Product is a watch and exhibits a defect that is not excluded below, the Buyer is entitled, within one (1) year after purchase, to have the Product repaired free of charge by Amstel Watches B.V. If repair is not possible, the Buyer will receive a refund of up to seventy percent (70%) of the purchase price. The Buyer shall give Amstel Watches B.V. a reasonable period of time to remedy the defect in the Product.

1. Excluded from the defects referred to in this article are:

1. wear and tear resulting from normal use;

1. water damage;

1. damage to the rotating and push buttons;

1. damage to the glass;

1. damage to the watch strap and clasp;

1. failure by the Buyer to follow operating instructions, or incorrect and/or improper use, or any use other than the intended normal use;
2. maintenance that has not been carried out, has not been carried out correctly and/or has not been carried out in good time;
3. assembly, installation or repair by third parties, i.e. any party other than Amstel Watches B.V.;
4. defects the occurrence of which follows from any government regulation regarding the nature or quality of the materials used;
5. materials or items used in consultation with the Buyer, and materials or items supplied by the Buyer to Amstel Watches B.V. for processing;
6. defects in materials, goods, constructions and working methods, insofar as applied on the express instructions of the Buyer, and in materials and goods supplied by or on behalf of the Buyer;
7. defects resulting from parts that Amstel Watches B.V. has obtained from third parties, insofar as the third party has not provided a warranty to Amstel Watches B.V.

1. Complaints regarding non-visible defects must be made immediately after discovery, but no later than 14 days after expiry of the warranty period referred to in Article 10.

1. If the Buyer does not submit complaints to Amstel Watches B.V. within the periods stated above, any claim against Amstel Watches B.V. with respect to the defects in question lapses, and the Buyer is no longer entitled to repair, replacement or compensation.

1. Legal proceedings in this regard must be brought within 1 year of a timely complaint, on pain of forfeiture.

• Products not collected, or repaired or ordered from third parties

1. If, after two consecutive written notifications sent electronically (by e-mail, SMS, WhatsApp or equivalent) – the last of which being sent by registered letter or registered e-mail – from Amstel Watches B.V. to the Buyer stating that the Product repaired on the Buyer's behalf is ready and available for collection, the Buyer has failed to collect the Product from the shop for a period of two months, Amstel Watches B.V. is authorised to sell the Product and to recover from the proceeds everything that is owed to Amstel Watches B.V.

1. The Buyer may collect the net proceeds of that sale, less the full repair costs and all storage, auction and administration expenses, from the shop for a period of two months after the sale of the repaired Product.

1. If, after two consecutive notifications – the last of which in writing – from Amstel Watches B.V. to the Buyer stating that the Product purchased from a third party on the Buyer's behalf is available for collection, the Buyer has failed to collect the ordered Product for a period of three weeks, Amstel Watches B.V. is authorised to sell the Product in-store or online or, where possible, to return it to the third party from whom the Product was purchased.

• Liability and indemnity

1. Amstel Watches B.V. makes every effort to perform the service properly. If the Buyer believes that Amstel Watches B.V. has failed to meet this obligation, the Buyer must – no later than one month after discovering, or reasonably having been able to discover, the damage – submit a written complaint in this regard to Amstel Watches B.V. and demonstrate that the damage is the direct result of an attributable shortcoming on the part of Amstel Watches B.V., before any right to compensation arises on the part of the Buyer.

1. The liability of Amstel Watches B.V. is limited to compliance with the warranty obligations set out in these General Terms and Conditions. Amstel Watches B.V. is therefore not liable for any damage to, or loss of, Products, parts, raw materials or other items made available by the Buyer, regardless of the cause.

1. Amstel Watches B.V. is in no event in default towards the Buyer and is not obliged to compensate any damage if the shortcoming or damage is a direct or indirect result of:

1. force majeure;
2. the Buyer's failure to comply, or continued failure to comply, with these General Terms and Conditions, as a result of which Amstel Watches B.V. cannot deliver the Product.

1. Should Amstel Watches B.V. nevertheless be liable despite the exclusions of liability set out above, the liability of Amstel Watches B.V. towards the Buyer is limited to the amount that is actually paid out in the relevant case under the business liability insurance taken out by Amstel Watches B.V., plus the amount of any deductible applicable under that insurance.

1. If, for whatever reason, no payment is made under the business liability insurance, the liability of Amstel Watches B.V. towards the Buyer is limited to the paid invoice value of the agreement, or at least to that part of the agreement to which the liability relates.

• Disputes

1. All invoices sent by Amstel Watches B.V. to the Buyer must be paid within fourteen (14) days.

1. If Amstel Watches B.V. has to incur costs in order to collect claims out of court, the compensation for extrajudicial costs is set at a minimum of 15% of the principal amount due, excluding any statutory (commercial) interest owed.

• Termination of the Agreement

1. Amstel Watches B.V. is entitled to terminate an Agreement between the parties with immediate effect if the Buyer has not paid the full purchase price within 14 days after conclusion of the Agreement.

1. Amstel Watches B.V. is never liable for any damage resulting from the unilateral termination of the Agreement.

1. Any claims of Amstel Watches B.V. arising as a result of such immediate termination are immediately due and payable, without any further notice of default being required.

1. In the event that one of the parties is declared bankrupt, is granted a suspension of payments, or ceases its business operations, the other party is entitled to terminate the Agreement without observing a notice period, while retaining all its rights.

• Returns

1. Webshop orders that are to be returned must be sent, via the return form indicated on the website of Amstel Watches B.V., to the return address specified there. Upon receipt of the returned Product, and provided it meets the requirements of these conditions, the money will be refunded, where possible using the same payment method, unless this is not possible (for example in the case of a credit card). The refund period depends on the payment method chosen by the Buyer when placing the order.

1. Information provided on websites, in catalogues, drawings, images, size and weight specifications and the like is intended only as a general indication. No rights can be derived from this information unless it is expressly included in an agreement concluded between the parties.

• Governing law and choice of forum

1. Dutch law applies to these General Terms and Conditions and the Agreement, as well as to all disputes arising from them, to the exclusion of the Vienna Sales Convention.
2. All disputes will be submitted to the competent court in Amsterdam, unless a mandatory provision of law prescribes otherwise.