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 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Compliance and warranty

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or different provisions

Article 1- Defintion

1. Grace period: Refers to the period within which the consumer can exercise their right of withdrawal from a contract.
2. Consumer: Denotes a natural person who is not engaged in professional or business activities and enters into a distance contract with the entrepreneur.
3. Day: Represents a calendar day within the specified context.
4. Duration transaction: Signifies a distance contract that involves a series of products and/or services with obligations spanning over time for delivery and/or purchase.
5. Durable medium: Encompasses any means enabling the consumer or entrepreneur to store personalized information, facilitating future access and unaltered reproduction.
6. Right of withdrawal: Refers to the consumer’s ability to cancel the distance contract within the cooling-off period.
7. Model form: The withdrawal form provided by the entrepreneur, enabling consumers to exercise their right of withdrawal from the contract.
8. Entrepreneur: Denotes the natural or legal entity offering distance products and/or services to consumers.
9. Distance contract: An agreement facilitated within a system organized by the entrepreneur for selling products and/or services remotely, exclusively utilizing one or more methods of remote communication.
10. Technique for distance communication: Refers to methods utilized to conclude an agreement without the consumer and entrepreneur physically convening simultaneously in the same location.
11. General Terms and Conditions: Refers to the prevailing General Terms and Conditions provided by the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name:
Finance Watches part of (S. Brink V.O.F.)

Registered Address:
Aambeeldstraat 36
1135KW Edam

Contact Information:

• Phone Number: +31 6 30314026
• Email Address: info@finance-watches.com
• Chamber of Commerce (KvK) Number: 73596817

Regulated Activities Information: In the event that the entrepreneur’s activities are subject to relevant licensing regulations:

• Details regarding the supervisory authority overseeing these activities.

Regulated Professional Occupation Information: If the entrepreneur practices a regulated professional occupation:

• Professional Association/Organization: Finance Watches part of (S. Brink V.O.F.)
• Professional Title: Owner
• Location of Title Granting within EU/EEA: Netherlands
• Reference to Applicable Professional Regulations: By Phone

Article 3 – Applicability

Scope of Application:
These general terms and conditions are applicable to all offers made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Provision of Terms and Conditions:
Before the conclusion of the distance contract, the consumer will be provided with the text of these general terms and conditions. If not reasonably possible before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge upon request.

Electronic Conclusion of Contract:
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer in an easily storable format. If this is not reasonably possible, it will be indicated where the general terms and conditions can be inspected electronically and sent to the consumer upon request.

Additional Product or Service Conditions:
If specific product or service conditions apply in addition to these general conditions, procedures detailed in the second and third paragraphs apply accordingly. In cases of conflicting general conditions, the consumer may rely on the provision most favorable to them.

Validity of Provisions:
Should any provision in these general conditions become wholly or partially void or unenforceable, the remainder of the agreement and conditions will remain in force. The concerned provision will be immediately replaced by mutual agreement with a provision that aligns as closely as possible with the original scope.

Interpretation of Uncertain Provisions:
Situations not covered in these general terms and conditions should be interpreted ‘in the spirit’ of these terms. Any uncertainties about interpretation or content of one or more provisions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

Validity and Conditions:
If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer. The offer is not binding, and the entrepreneur reserves the right to change and adjust the offer.

Description of Products and Services:
The offer includes a comprehensive and accurate description of the products and/or services provided. This description is sufficiently detailed to enable the consumer to assess the offer adequately. Any images provided by the entrepreneur are an accurate representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Indicative Information:
All images, specifications, and data within the offer are indicative and cannot lead to compensation or dissolution of the agreement. While product images represent a truthful depiction, the entrepreneur cannot guarantee an exact match of displayed colors with the real colors of the products.

Clarity of Offer Information:
Each offer contains information that clarifies the rights and obligations attached to accepting the offer. This includes, but is not limited to:

• The price, including taxes
• Possible shipment costs
• Method of conclusion of the agreement and necessary actions
• Applicability of the right of withdrawal
• Payment, delivery, and performance methods
• Offer acceptance duration or guaranteed price period by the entrepreneur
• Communication costs related to distance communication
• Archiving of the agreement post-conclusion and accessibility for the consumer
• Consumer’s ability to review and, if desired, restore provided data before agreement conclusion
• Languages other than Dutch for concluding the contract
• Codes of conduct governing the trader and electronic access for consumers
• Minimum duration for distance contracts in the case of a duration transaction

Article 5 – The agreement

1. The agreement is established, subject to the provisions of clause 4, at the moment the consumer accepts the offer and fulfills the stated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur promptly confirms receipt of the acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. In the event of an electronic agreement, the entrepreneur implements suitable technical and organizational measures to secure the electronic transfer of data and provides a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur may ascertain the consumer’s ability to meet payment obligations and any other facts and factors essential for a responsible conclusion of the distance agreement. If, based on this examination, the entrepreneur has valid reasons not to proceed with the agreement, they are entitled to refuse an order or request or attach special conditions to its execution.
5. The entrepreneur will provide the following information to the consumer, either in writing or in a way that the consumer can store it on a durable data carrier:
   • The visiting address of the entrepreneur’s establishment where the consumer can address complaints.
   • Terms and methods for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
   • Information about warranties and existing post-purchase services.
   • The data specified in Article 4, clause 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement.
   • Requirements for terminating the agreement if the agreement has a duration of more than one year or an indefinite period.
6. In the case of a long-term transaction, the provision in the previous clause applies only to the initial delivery.
7. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

Delivery of Products:

1. Upon purchasing products, the consumer has the option to dissolve the agreement within 14 days without providing any reasons. This withdrawal period starts the day after the consumer or a designated representative, known to the entrepreneur, receives the product.
2. During this withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. This notification should be made using the model withdrawal form. Once the consumer has expressed their intent to use their right of withdrawal, they must return the product within 14 days. The consumer is responsible for providing evidence of timely return, such as a proof of shipment.
4. If, after the periods mentioned in clauses 2 and 3, the consumer has not expressed their intent to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is finalized.

Delivery of Services:

1. When services are delivered, the consumer has the option to terminate the agreement within at least 14 days without providing any reasons, starting from the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer must adhere to the reasonable and clear instructions provided by the entrepreneur regarding the offer or, at the latest, upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the maximum cost for the return shipment shall be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after the withdrawal. This reimbursement is contingent upon the product being received back by the online retailer or upon conclusive evidence of complete return shipment. Refunds will be processed using the same payment method chosen by the consumer, unless the consumer explicitly consents to a different payment method.
3. In cases where the product has been damaged due to the consumer’s careless handling, the consumer is liable for any resulting decrease in the product’s value.
4. The consumer cannot be held liable for any decrease in the product’s value if the entrepreneur has not provided all legally required information regarding the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in clauses 2 and 3. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is possible for products that:
   • Are tailored to the consumer’s specifications.
   • Are distinctly personalized.
   • Cannot be returned due to their nature.
   • Are perishable or have an expiration date.
   • Have prices subject to fluctuations in the financial market over which the entrepreneur has no control.
   • Include loose newspapers, magazines, or periodicals.
   • Consist of audio and video recordings or computer software where the consumer has broken the seal.
   • Include hygiene products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is possible for services that:
   • Pertain to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period.
   • Have commenced delivery with the express consent of the consumer before the withdrawal period has expired.
   • Are related to bets and lotteries.

Article 9 – The price

1. Throughout the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price adjustments resulting from changes in VAT rates.
2. Contrary to the previous clause, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market, where the entrepreneur has no influence, at variable prices. These dependencies on market fluctuations and any prices mentioned as indicative prices will be specified in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if agreed upon by the entrepreneur, and:
   • Result from statutory regulations or provisions; or
   • Grant the consumer the authority to terminate the agreement starting from the day the price increase takes effect.
5. The prices stated in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and warranty

Governing Law

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides outside the Netherlands.

Non-Application of Vienna Sales Convention

2. The Vienna Sales Convention does not apply to these agreements.

Article 16 – Additional or different provisions

Additional Provisions

1. Any additional provisions or those differing from these general terms and conditions must not be disadvantageous to the consumer. They should be documented in writing or stored in a format allowing the consumer to readily access and retain them on a durable medium.