KlokkenDiscounter in Maastricht, Netherlands
Article 1. Applicability
1.1 These General Sales Conditions (hereinafter: "Conditions") exclusively apply to all offers, orders, and agreements of KlokkenDiscounter, to the exclusion of any other general terms and conditions.
1.2 Acceptance of an offer or placing an order implies acceptance of the applicability of these conditions.
1.3 Deviation from what is stipulated in these conditions is only possible in writing, in which case the other provisions shall remain in full force.
1.4 All rights and claims, as stipulated in these conditions and in any further agreements for the benefit of KlokkenDiscounter, are equally stipulated for the benefit of intermediaries and other third parties engaged by KlokkenDiscounter.
Article 2. Offers/Agreements
2.1 All offers made by KlokkenDiscounter are non-binding, and KlokkenDiscounter expressly reserves the right to change prices, especially if necessary based on legal regulations.
2.2 An agreement is only established after KlokkenDiscounter has accepted your order. KlokkenDiscounter is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly specified otherwise. In case an order is not accepted, KlokkenDiscounter will notify you within five (5) days of receiving the order. Ordered goods are only shipped after receiving full payment.
Article 3. Prices and Payments
3.1 The prices stated for the products and services offered are in euros, including VAT, and excluding shipping costs (The buyer is always responsible for shipping costs), unless explicitly stated otherwise in the advertisement or agreed upon in writing or by email.
3.2 Payment must be made using IDEAL, Mastercard, Visa, or within fourteen (14) days without any discount or compensation prior to delivery within the Netherlands. You will receive an email from us after placing your order, containing all payment details and any shipping costs. The same applies to orders outside the Netherlands.
3.3 Payment is to be made by bank transfer to NL09 RABO 0117 8157 05, B&R Holding BV Maastricht, with your order number specified.
3.4 Cash on Delivery: For cash-on-delivery shipments (payment to the postman), an additional €10.00 will be charged per order. The maximum cash-on-delivery amount is €200. For higher purchase amounts, we ask you to transfer the amount exceeding €200 to us in advance.
3.5 If the payment term is exceeded, you will be in default starting from the day when the payment was due. You will owe a default interest of 1% per month or part thereof on the outstanding amount from that day onward. If payment is made after a written reminder sent by post by KlokkenDiscounter, you will also owe administrative costs of nineteen euros and ninety-five cents (€19.95). Additionally, if KlokkenDiscounter outsources its collection, you will owe collection costs, which are at least fifteen percent (15%) of the outstanding amount, regardless of KlokkenDiscounter's right to claim the actual extrajudicial collection costs instead.
3.6 If the prices for the offered products and services increase between the order and their execution, you have the right to cancel the order or terminate the agreement within ten (10) days after KlokkenDiscounter informs you of the price increase.
Price increases are permitted due to legal regulations. If a company increases its prices after the purchase agreement is concluded, the seller or user of the terms must inform the consumer in a timely manner. The consumer then has the right to terminate the agreement or demand its fulfillment.
Article 4. Delivery
4.1 KlokkenDiscounter delivers all items in stock within 4-6 weeks after receiving payment(s).
According to the Dutch Distance Selling Act, the maximum delivery time for your ordered item(s) is 30 days unless otherwise agreed upon with KlokkenDiscounter. These are custom-made clocks, and due to material scarcity, the delivery time is 4-6 weeks. If the delivery time cannot be met, KlokkenDiscounter will inform you in a timely manner and offer you the option to cancel your order or agree on a new delivery time. Amounts already paid will be refunded to your account within a maximum of 30 days in the event of order cancellation.
4.2 Products are delivered to you at the place and time when the products are ready for shipment to you after the total amount has been paid, as confirmed by the email sent to you.
Article 5. Retention of Title
5.1 Ownership of delivered products only passes to you when you have fully settled all amounts owed to KlokkenDiscounter based on any agreement. The risk concerning the products passes to you upon delivery.
Article 6. Intellectual and Industrial Property Rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights on the products delivered by KlokkenDiscounter.
6.2 KlokkenDiscounter does not guarantee that the products delivered to you do not infringe upon any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and Liability, Returns
7.1 Consumers have the right to cancel within 14 business days after the product has been delivered.
You have the right to cancel your order within 14 days of receiving the product without providing a reason. After cancellation, you have another 14 days to return the product. You will receive a full refund, including the shipping costs. Only the cost of returning the product to the online store will be at your expense.
The return cost is approximately €7.30 standard (not insured against damage and loss) - €8.95 registered (insured against damage and loss) (PostNL rates for standard dimensions) per package. Refer to your carrier's website for exact rates.
To exercise this right, you can contact us via our email address: [email protected].
We will refund the due amount within 14 days after receiving your return, provided the product has been received in good condition.
Article 8. Complaints/Orders/Communication
8.1 We recommend you first make your complaints known to us by emailing [email protected].
If this does not lead to a solution, you have the option to register your dispute for mediation via Stichting WebwinkelKeur.
From February 15, 2016, consumers in the EU have the option to register complaints through the European Commission's Online Dispute Resolution (ODR) platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already under consideration elsewhere, you are free to submit your complaint via the European Union's platform.
8.2 KlokkenDiscounter is not liable for misunderstandings, distortions, delays, or improper delivery of orders and communications resulting from the use of the internet or any other means of communication between you and KlokkenDiscounter, as well as between KlokkenDiscounter and third parties, to the extent that they relate to the relationship between you and KlokkenDiscounter, unless there is willful intent or gross negligence on the part of KlokkenDiscounter.
Article 9. Force Majeure
9.1 Notwithstanding its other rights, in case of force majeure, KlokkenDiscounter has the right to suspend the execution of your order or to dissolve the agreement without any judicial intervention, by informing you of this in writing, and without any obligation to pay compensation.
9.2 Force majeure refers to any shortcoming that cannot be attributed to KlokkenDiscounter because it is not due to its fault and is not for its account under the law, legal act, or generally accepted views.
Article 10. Miscellaneous
10.1 If you have provided KlokkenDiscounter with a written address, KlokkenDiscounter is entitled to send all orders to that address unless you have provided a different address to which your orders should be sent in writing.
10.2 If KlokkenDiscounter has allowed deviations from these conditions for a short or long period of time, whether or not tacitly, it does not affect its right to demand immediate and strict compliance with these conditions. You can never assert any rights based on the fact that KlokkenDiscounter applies these conditions leniently.
KlokkenDiscounter is not liable for damages caused to the buyer or third parties, including both material and immaterial damages, as well as physical and mental injuries of any kind, arising from or due to the use of the products and services provided by KlokkenDiscounter.
10.3 KlokkenDiscounter is authorized to engage third parties in executing your order(s).
Article 11. Applicable Law and Competent Court
11.1 Dutch law exclusively applies to all rights, obligations, offers, orders, and agreements to which these conditions apply, as well as to these conditions.
11.2 All disputes between the parties will be exclusively presented to the competent court, the court in Maastricht, the Netherlands.
Please note that this translation is provided for informational purposes, and the original Dutch text remains legally binding. It's important to consult with a legal expert or compliance specialist for any official or legally binding documents.