Terms and Conditions
AmstelWatches General Terms and Conditions
- Definitions and interpretation
- In these General Terms and Conditions, the following terms have the following meanings:
General Terms and Conditions
These General Terms and Conditions.
AmstelWatches is listed in the Chamber of Commerce under number: CoC 55782582 and has its registered office at Trasmolenlaan 12 in (3447 GZ) Woerden.
A natural person or legal entity with whom AmstelWatches wishes to conclude or has concluded the Agreement or the potential* Buyer (*: if potential Buyer conducts Internet search for a specific item).
Each Agreement to which these General Terms and Conditions have been declared applicable.
AmstelWatches and the Buyer, either individually or jointly.
The AmstelWatches’ product(s) including watches and related accessories and other jewellery and related accessories.
- The plural use of definitions must be read as referring to the plural of the meaning.
- Unless expressly stated otherwise, a reference in these General Terms and Conditions to:
- a “third party” is a reference to any person other than the Parties themselves; and
- a Clause is a reference to a Clause of these General Terms and Conditions
- Headings and subheadings in these General Terms and Conditions are for the reader’s convenience and have no independent meaning.
- Applicability of the General Terms and Conditions
- These General Terms and Conditions apply to all assignments, quotations, proposals, offers and other agreements between the Buyer and AmstelWatches, in so far as they relate to the sale of the AmstelWatches’ Products and no deviating conditions have been declared applicable.
- An online Agreement can be concluded between the Buyer and AmstelWatches where, until the conclusion of the Agreement, use is made exclusively or partly of one or more techniques for online communication (remote ordering, delivery and payment through the website, chats, e-mail, and the like);
- These General Terms and Conditions replace earlier General Terms and Conditions.
- The Buyer’s general terms and conditions or terms and conditions of purchase do not apply and are expressly rejected by AmstelWatches.
- If any provision from these General Terms and Conditions or the Agreement are null and void, annulled, invalid, non-binding or contrary to a mandatory provision (“legally invalid provisions”), the other provisions of the General Terms and Conditions or the Agreement will remain in full force. In the event of legally invalid provisions, the Buyer and AmstelWatches will consult with each to replace the invalid provisions with provisions that deviate as little as possible from the purport of the invalid provisions.
- Provisions from these General Terms and Conditions that, by their nature, are intended to continue after the termination of the Agreement remain in force.
- In addition to the General Terms and Conditions, the general terms and conditions of the manufacturer of the Product are applicable (for example, Rolex: https://www.rolex.com/nl and https://www.rolex.com/nl/legal-notices/terms-of-use.html).
- Deviations and amendments
- Agreements that deviate from these General Terms and Conditions are only binding if AmstelWatches has expressly agreed to them in writing.
- In the event of any inconsistencies between the provisions of the Agreement and these General Terms and Conditions, the provisions of the Agreement will prevail.
- The Buyer cannot derive any rights from a previously agreed deviation for other agreements.
- AmstelWatches is entitled to unilaterally amend these General Terms and Conditions. AmstelWatches will inform the Buyer of any amendments, unless it relates to an insignificant amendment that is necessary for AmstelWatches’ business operations.
- Formation of the Agreement
- Any proposals, offers and other agreements made by AmstelWatches, as well as price quotes, fees and terms given by AmstelWatches are without obligation, unless expressly stated or agreed otherwise.
- Reserving a Product does not constitute an Agreement and does not entitle the Buyer to buy the Product. AmstelWatches will do its utmost to sell the intended Product to the Buyer. Reserving a Product will not result in obligations on the part of AmstelWatches. AmstelWatches is free to sell reserved Products to other parties – because sometimes more customers simultaneously order a Product online than there are Products in stock.
- AmstelWatches cannot be bound by its quotations or offers if the potential Buyer can reasonably understand that these quotations or offers, or any part thereof, contain an obvious mistake or clerical error.
- Payments will be made by transferring the purchase price to the bank account number specified by AmstelWatches.
- The amount owed to AmstelWatches must be paid to AmstelWatches immediately upon delivery or after the services have been provided, unless agreed otherwise, without prejudice to Clause 4.2.
- If one or more cost price factors increase after the date of formation of the Agreement – even if this is due to foreseeable circumstances – AmstelWatches is entitled to increase the agreed price accordingly.
- AmstelWatches is obliged to deliver the Product under the condition precedent that the Buyer has paid the purchase price. The Buyer will only become the owner of the Product if AmstelWatches has received payment and the Product has been delivered to the Buyer.
- Delivery terms are indicative and the Buyer cannot derive any rights therefrom.
- If the delivery time is exceeded, this will not result in AmstelWatches being in default by operation of law as a further notice of default is required in this respect. The mere exceeding of the delivery time will not entitle the Buyer to compensation or termination of the Agreement.
- Delivery will be made by making the goods available in the shop or workshop or at the agreed location.
- The costs and the risk of shipping the Product to the Buyer residing or having its registered office in the Netherlands are for the risk and expense of AmstelWatches. The risk of loss of, direct or indirect damage or decrease in value of a delivered Product will pass to the Buyer if and as soon as the Product is made available to the Buyer and the Product is delivered.
- The Buyer must notify the courier if the shipment packaging is damaged. After delivery, any damage to the Product’s packaging will be for the Buyer’s account.
- Products may be returned within seven (7) days after purchase if the following conditions have been complied with:
- the Product is not damaged.
- the Product is not changed, including, but not limited to, any changes to the size, repairs, engravings or any other personalisations.
- the Product is in its original, undamaged packaging together with any accompanying documents.
- The costs related to the exchange of Products are for the Buyer’s account. The Buyer then bears the risk of the Product and the costs for the insured shipment of the Product.
- AmstelWatches will have eight (8) days to check the Product or have it checked after exchange or return , and will after having checked and approved the returned Product, will refund the payment within a reasonable term of two (2) weeks, or send a notice of non-acceptance and depending on the condition of the returned Product, it will either refund a lower amount than the purchase price or indicate that the defect was outside AmstelWatches’ risk and will return the Product to the Buyer at their cost or keep it, after consultation with the Buyer.
- The Buyer may use its right of withdrawal within fourteen (14) days after the purchase.
- The costs associated with withdrawal of Products are for the Buyer’s account in so far as permitted by law; Clauses 7.2 and 7.3 apply.
- Products on request
- If the Buyer has instructed AmstelWatches to order a specific Product, the Buyer has no right of withdrawal or cancellation from the time AmstelWatches took possession of the Product ordered.
- AmstelWatches is at all times entitled to require an advance payment of a maximum of 15% of the purchase price from the Buyer or to require security from the Buyer for performance of their obligations under the Agreement.
- If AmstelWatches has acquired the Product referred to in Clause 9.1, the Buyer is obliged to pay AmstelWatches the purchase price within fourteen (14) days, minus the amount paid in advance.
- If a Product was purchased from a third party specifically for the potential Buyer, but for whatever reason, the potential Buyer does not proceed to purchase the Product, AmstelWatches reserves the right to charge the potential Buyer a reasonable fee of 20% of the total purchase price for administrative and other costs.
- The Warranty on the normal functioning of the Product provided for here is valid for one year after delivery.
- A Warranty on a delivered Product never exceeds the warranty as given by the original manufacturer or supplier of the Product (manufacturers’ warranty).
- If the manufacturer of the Product provided AmstelWatches with a warranty with regard to the Product, AmstelWatches will endeavour to help the Buyer enforce this warranty.
- If the Product is a watch and the Product has any of the Defects referred to below, the Buyer may have the Product repaired by AmstelWatches free of charge within one (1) year after purchase of the Product. If repair is not possible, the Buyer will be repaid a maximum of 70% of the purchase price. The Buyer will give AmstelWatches a reasonable period of time to repair the Product.
- The following is not considered a defect within the meaning of this Clause:
- wear and tear caused by normal use;
- water damage;
- damage to turn and push buttons;
- damage to the glass;
- damage to the watch strap and clasp;
- non-compliance by the Buyer with the user instructions and/or inexpert use and/or any use other than the expected normal use;
- maintenance not performed or performed incorrectly, or not in good time;
- assembly/installation or repairs performed by third parties, including AmstelWatches;
- defects of which the application follows from any government regulations regarding the nature or quality of the materials applied;
- the materials or items used in consultation with the Buyer; materials or items provided by the Buyer to AmstelWatches for manufacturing purposes;
- defects affecting materials, items, construction and working methods in so far as applied at the explicit instruction of the Buyer, as well as materials and items supplied by or on behalf of the Buyer;
- defects resulting from parts procured by AmstelWatches from third parties, in so far as the third party has not given AmstelWatches a warranty.
- Complaints regarding invisible defects must be reported immediately after discovery or no later than fourteen (14) days after expiry of the warranty term referred to in paragraph 10.
- If the Buyer has not reported their complaints to AmstelWatches within the abovementioned period, all claims against AmstelWatches regarding the relevant defects will lapse and the Buyer will not be entitled to repair, replacement or compensation.
- Legal claims for such defects must be brought before a court within one (1) year after the timely notice of complaint, at the risk of the lapsing of the claims.
- Not collected repaired Products or Products ordered from third parties
- If, after two consecutive electronic (either via e-mail, SMS, WhatsApp or similar services) notifications in writing, the last by registered letter or registered email, from AmstelWatches to the Buyer that the Product repaired at their instruction is ready and can be delivered, the Buyer has failed to collect the Product from the shop for a period of two months AmstelWatches is entitled to sell the Product and to recover all that is owed to AmstelWatches from the proceeds.
- Up to two months after sale of the repaired Product, the Buyer may collect the proceeds of the sale, less the full costs of the repair and all costs for storage, auction and product handling, from the shop.
- If, after having sent two consecutive notifications to the Buyer – the last in writing – that the Product purchased from a third party at their instruction is available and can be delivered, the Buyer has failed to collect the Product for a period of three weeks, AmstelWatches is entitled to sell the product either in the shop or online or, if possible, to return the Product to the third party from which it was purchased.
- Liability and indemnity
- AmstelWatches will endeavour to provide the Service properly. If the Buyer is of the opinion that AmstelWatches has failed to perform this obligation, the Buyer must – within one month after it discovered the damage or should have reasonably discovered the damage – file a written complaint to AmstelWatches demonstrating that the damage is a direct consequence of an attributable failure on the part of AmstelWatches before the Buyer is entitled to any compensation of damages.
- The liability of AmstelWatches is limited to the performance of its obligations under the conditions with the warranty as stated in these general terms and conditions. Therefore, AmstelWatches is not liable for damage or loss, howsoever caused, to or of the Product, parts or materials and other items made available by the Buyer.
- AmstelWatches has, in any event, not failed to perform its obligations towards the Buyer and is not obliged to pay compensation of any damage if the failure or damage is a direct or indirect consequence of:
- force majeure;
- AmstelWatches no longer being able to deliver the Product in accordance with the General Terms and Conditions.
- If AmstelWatches is liable despite the abovementioned exclusions of liability, the liability of AmstelWatches towards the Buyer is limited to the amount that is actually paid out in the relevant matter pursuant to the business liability insurance it has taken out, increased by the amount of the excess applicable under the insurance.
- If for any reason no payment has been made under the business liability insurance, the liability of AmstelWatches towards the Buyer is limited to the paid invoice value of the Agreement, or that part of the Agreement relating to liability.
- All invoices sent by AmstelWatches to the Buyer must be paid within fourteen (14) days.
- If AmstelWatches has to incur costs in order to obtain compensation for extrajudicial claims, the compensation for extrajudicial costs will be set at a minimum of 15% of the principal sum owed, excluding statutory commercial interest owed.
- Termination of the Agreement
- AmstelWatches is entitled to terminate an Agreement concluded between the parties with immediate effect if the Buyer has failed to pay the entire purchase price within fourteen (14) days after conclusion of the Agreement.
- AmstelWatches is never liable for any damage or loss resulting from unilateral termination of the Agreement.
- Claims of AmstelWatches arising from this immediate termination are immediately due and payable without any further notice of default being required.
- If either of the parties has become bankrupt, has been granted suspension of payments or ceases business operations, the other party is entitled to terminate the Agreement without taking into account the notice period, all this while retaining their rights.
- Webshop orders which are returned must be sent back using the return form as indicated on AmstelWatches’ website to the return address as stated on the return form. On receipt of the returned Product, and if the Product meets the requirement set by these conditions, the amount paid will be refunded using the same payment method, unless this is not possible (e.g. with credit card). The refund period depends on the payment method chosen when the Buyer placed the order.
- The information included on websites, in catalogues, drawings, illustrations, indications of size and weight and the like are intended to provide a general representation of the items only. No rights may be derived from this information unless they are expressly included in an agreement concluded by the parties.
- Applicable law and choice of forum
- These General Terms and Conditions and the Agreement, and any disputes arising therefrom are governed by Dutch law, and the Vienna Sales Convention is excluded.
- All disputes will be submitted to the Amsterdam District Court, unless a mandatory statutory provision prescribes otherwise.