Jelle Zijlstraweg 178
E-mail: [email protected]
Telephone: +31 117 - 23 44 23
If we're not available by phone, please send us an email and we will contact you as soon as possible.
Account holder: Watch Plaza
Account number 220.127.116.113
Bank: ABNAMRO Bank
Watch Plaza is registered in the Trade Registry of the Chamber of Commerce Noordwest-Holland: 60041463
VAT-ID number: NL002269813B53
Article 1. Applicability
These terms and conditions are applicable to all our offerings and all agreements whatsoever entered by us. These terms and conditions are also applicable specifically to agreements of supply of goods and services to our customers. Before an agreement is entered you have to agree to these terms and conditions.
- When these terms make reference to “customer” this means any natural or legal person that wishes to enter a contractual relation with us regarding a purchase agreement or any other kind of agreement. In particular, a “customer” is also someone in whose order and on whose behalf goods are supplied.
- The terms of these conditions can be waived only and exclusively if this has expressly been agreed upon in writing.
- Even if the customer refers to (their) terms and conditions, these shall not be applicable. They can only be applied if they do not contradict our terms and conditions and we have agreed to the applicability of these conditions in addition to ours in writing. Any condition that contradicts this the the customers' terms and conditions shall not be applicable.
- Where these terms and conditions refer to “supply (of goods)”, this specifically includes the supply of any service or work of whatever type.
Article 2. Quotations
All our quotations are to be understood as invitations to the potential customer to give us an order. It does not bind us in any way until the quotation itself is expressly accepted (in writing/by e-mail). The quotation given by us is to be considered an offer (especially when referring to repairs) which we only deem to be accepted after written confirmation by you (the order confirmation). All our quotations are given subject to the availability of the necessary parts. It is always possible that manufacturers change the models and that parts are no longer kept in stock. We will keep you informed about this by e-mail during the order process.
Article 3. Conclusion of Agreements
The purchase and sale agreement is concluded the moment the buyer accepts the quotation and meets the conditions stated therein.
- If the consumer has accepted the quotation electronically, the company will immediately confirm receipt of the acceptance of the quotation. As long as the receipt of the acceptance has not been confirmed, the consumer can rescind the contract.
- The order confirmation sent to the buyer will reflect the concluded agreement exactly and in its entirety. It is assumed that the buyer accepts the content of the order confirmation unless he lets us know in writing and no later than 8 days after receipt of the order confirmation that he cannot agree.
- Any additional agreements or promises made by our employees, or made in our name by others that appear as our agents, are only binding for us if these additional agreements/promises have been confirmed in writing by authorised persons.
Article 4. Prices
- Our prices are inclusive of VAT and, unless expressly stated otherwise in writing, do not include packaging and transportation costs. Before the contract is concluded, the total price shall be visible.
- The prices given in contracts and order confirmations are based on cost factors, such as exchange rates, manufacturer prices, raw material and parts prices, labour and transport costs, insurance costs, taxes, import duties and other government levies, at the time the contract is issued.
- If prices rise after the contract has been concluded, the buyer is entitled to rescind the contract within 10 days of notification, unless the rise in price is due to legal regulations or provisions.
Article 5. Delivery and Delivery Deadlines
- We strive to send the product on the same day, which means that, depending on PostNLs speed, you can have the product in your house the next day. We cannot be made responsible for delays caused by PostNL.
- Unless stated otherwise in the order confirmation, delivery is free for invoices higher than € (amount in numbers), i.e. (amount in letters). Also, the goods travel at our expense (depending on the method of delivery chosen) and at the buyers risk. Buyers from foreign countries are supplied from our warehouse, unless agreed otherwise. We take care of import and export, but the costs to be borne by the buyer.
- If the buyer wishes delivery to be by other methods than the usual, we can invoice the buyer for the costs hereof.
Article 6. Buyer Reclamations
- The buyer is responsible for the correctness and completeness of the data that he provided us. The offered goods and/or services are described clearly and truthfully and as completely as reasonably possible, whereby the commercial purpose has to be clear.
- We recommend that the supplied goods be inspected immediately on receipt and that any defects found be immediately (at most within 7 days) reported in writing.
- Any claim the buyer may have against us regarding defects in the goods supplied shall be void if:
- the defects are not reported within the time limit stated in paragraph 2;
- the buyer does not cooperate or cooperates insufficiently in the determination of the causes of the complaints;
- the buyer has not handled or used the goods correctly, or (in the case of straps) has not fitted them correctly or handled or used them under conditions or for purposes for which they were not devised by us;
- the buyer continues to the use of the goods in the manner that caused the complaints;
- the warranty period given in the individual contract has passed or, if such a period has not been determined, the complaint is issued more than 3 months after the goods have been delivered. Contractual guarantees are subject to the rights and obligations that the law grants the buyer;
- In disputes about the quality of the goods supplied by us a recognised officer shall be named by us to issue a binding ruling.
Article 7. Liability
- Unless the warranty obligations for the goods supplied by us are covered by third parties (such as manufacturers), the buyer can assert their (warranty) claims against us. Contractual guarantees do not influence the rights and obligations given to the buyer by the law.
- In case the claim is founded as regards the quality, and we establish that it is within our liability as per paragraph 1, you have the choice:
- (free) repair of defects;
- supply of replacement goods or parts, after we have received the defective goods or parts back;
- reimbursement of the purchase price paid as per invoice sent to the buyer and dissolution of the agreement without judicial intervention, all this if the purchase price, the invoice and the agreement relate to the supplied, defective goods;
- payment of a compensation in another form than heretofore mentioned;
- Our warranty obligations become void if the buyer performs repairs and or changes to the goods without our prior express, written consent.
- The buyer is not entitled to return goods without a founded reclamation. If this should happen anyway, without reason, all costs of the return are for the buyer, unless the buyer sent back the goods during the approval period. In that case we are entitled to store the goods with third parties at the buyers cost and risk.
Article 8. Retention of Title and Security
- Goods delivered by us remain our property until full payment of dues owed to us arising from any transaction related to or in consequence of the purchase of the supplied goods. In so far as we deem it necessary, we are entitled to ask the buyer to give collaterals for the compliance of his obligations.
- We are entitled at any time to take into posession, such goods that are in posession of the buyer (or third parties) but are our property, as soon as we can reasonably assume that the buyer will not comply with his obligations.
Article 9. Payment
- Unless agreed otherwise, payment has to be made in Euros, in cash at the place where we are located, or per bank transfer to one of the accounts indicated by us, immediately before delivery, but at the latest 14 days after placing the order. You also have the possibility to pay cash on delivery. You will be invoiced for the costs for payment on delivery of €13,00. All this unless otherwise agreed expressly and in writing. With payment per bank transfer the date the sum is credited to our account is the date of payment.
- If the buyer fails to make (full) payment in time, he will considered to be in default without further notification being required. In that case, and if sufficient correlation exists with the buyer's non-payment, we are entitled to suspend our further obligations to the buyer.
- If the buyer remains in default, then he is required, without further notification being necessary, to pay interest over the due amount in height of the statutory interest, either to us or the seller's credit insurer, from the day default began to the day of full payment. All costs related to the collection of the payment (including the extrajudicial costs of collection) will be invoiced to the buyer.
- According to article 6:44 of the (Dutch) Civil Code, payments go first toward reduction of the costs mentioned in paragraph 3, then toward reduction of interest due and finally toward reduction of the main sum and the current interest.
- If the buyer's financial situation deteriorates significantly after closing the agreement but before delivery of the goods, then we are entitled to refrain from further execution of the agreement either in full or partially, or to demand a change in payment conditions.
- The seller can transfer all claims resulting from all transactions to a credit insurer of his choice.
Article 10. Evaluation Period
- The offer includes an evaluation period of 14 days, starting on the day after receipt by or in name of the buyer (unless agreed otherwise according to paragraph 3).
- After the evaluation period the buyer has the right of withdrawal wihtin a period of 14 days, whereby he has the possibility to return the goods without further obligations other than the direct costs of sending the received goods back.
- (Limitations or exclusions of the evaluation period - due to the specific nature of the goods in question – shall be clearly indicated in the quotation).
- During this period the consumer shall handle the product and packaging with due care. He shall unpack or use the product only in so far is necessary to judge whether he wishes to keep the product. If he wishes to make use of his right of withdrawal, he shall return the supplied goods to the seller with all supplied accessories – as far as is reasonably possible – in the original packaging, according to the instructions issued by the seller.
- The shipping costs are to be borne by the buyer.
- Possible import duties for the return shipment are to be borne by the buyer
- With pre-payment, Watch Plaza shall reimburse the purchase price, minus any shipping costs paid, within 30 days.
Article 11. Force Majeure
In case of Force Majeure the seller is not required to compensate for damages that this may have caused for the buyer, unless and only in so far as the seller has reaped any advantages derived from the Force Majeure situation which he would not have had otherwise.
Article 12. Applicable Law
Exclusively Dutch law is applicable to all our offers and agreements entered by us.
Article 13. Settlement of Disputes
- It is possible that you are not satisfied with a product or service. In that case, please contact us as soon as possible, preferably by e-mail to: [email protected]. In at most 5 days we shall answer your complaint.
- The above said does not affect the right to present the dispute to the competent courts.
Watch Plaza in ZWAAG