Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance agreement concerning a series of products and/or services, of which the delivery and/or acceptance obligation is spread over time;

Durable data carrier: any medium that allows the consumer or entrepreneur to store information personally directed at them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;

Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers;

Distance agreement: an agreement concluded under an organized system for remote sales of products and/or services, using one or more techniques for remote communication, exclusively until the conclusion of the agreement;

Remote communication technique: a means that can be used to conclude an agreement, without the consumer and entrepreneur being simultaneously in the same location.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business name: Henry's Watches

info@henrys-watches.com

Article 3 – Applicability

These general terms and conditions apply to any offer by the entrepreneur and any distance agreement and orders between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the agreement is concluded that the general terms and conditions are available from the entrepreneur and will be sent free of charge at the consumer's request as soon as possible.

If the distance agreement is concluded electronically, the text of these general terms and conditions can be provided electronically to the consumer in such a way that they can easily be stored on a durable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise at no cost upon request.

In the event that specific product or service terms and conditions also apply, the second and third paragraphs are similarly applicable, and in case of conflicting general terms and conditions, the consumer can always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially invalid or voided, the agreement and these terms and conditions remain in effect, and the relevant provision will be promptly replaced by a provision that closely approximates the original intent.

Situations not covered by these general terms and conditions should be assessed "according to the spirit" of these general terms and conditions.

Ambiguities regarding the explanation or content of one or more provisions of our terms should be explained "according to the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or cancellation of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information so that the consumer is clearly aware of their rights and obligations upon accepting the offer. This specifically includes:

The price, excluding customs clearance fees and import VAT. These additional costs will be at the consumer's expense and risk. The postal and/or courier service will use the special regulation for postal and courier services when goods are imported into the destination country, which applies in this case. The postal and/or courier service will collect VAT (and possibly customs clearance fees) from the recipient of the goods.
The possible shipping costs;
The method by which the agreement will be concluded and the actions necessary for it;
Whether or not the right of withdrawal applies;
The payment, delivery, and execution method of the agreement;
The acceptance period for the offer, or the period within which the entrepreneur guarantees the price;
The communication cost rate for remote communication if the costs of using remote communication techniques are calculated based on something other than the standard rate for the communication medium used;
Whether the agreement will be archived after it is concluded and, if so, how the consumer can consult it;
How the consumer can verify and, if necessary, correct the data provided before entering into the agreement;
The possible other languages in which the agreement can be concluded, in addition to Dutch;
The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically;
The minimum duration of the distance agreement in the case of a long-term transaction.

Optional: available sizes, colors, materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of the acceptance, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.

The entrepreneur can – within legal limits – investigate whether the consumer can meet their payment obligations, as well as any facts or factors that are important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or impose special conditions on the execution.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable data carrier:

The business address of the entrepreneur where the consumer can submit complaints;
The conditions under which and the method by which the consumer can exercise their right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The details listed in Article 4, paragraph 3 of these terms, unless these details have already been provided to the consumer before the execution of the agreement;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous sentence only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating a reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original state and packaging, following the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do so in writing or by email. After the consumer has informed the entrepreneur, the product must be returned within 14 days. The consumer must provide proof that the goods have been returned in a timely manner, such as a shipping receipt.

If the consumer has not informed the entrepreneur about the exercise of their right of withdrawal or returned the product within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is provided that the product has already been returned or solid proof of complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

Made by the entrepreneur according to consumer specifications;
Clearly personal in nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
Whose price is subject to fluctuations in the financial market which the entrepreneur cannot influence;
For single newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
For hygiene products where the consumer has broken the seal.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The place of delivery is, pursuant to article 5, paragraph 1, of the Turnover Tax Act 1968, in the country where the transport commences. In the present case, this delivery takes place outside the USA. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of usability and/or reliability that the consumer may expect based on the nature of the product and/or service.

A product will not be considered defective if the defect is the result of improper use or maintenance by the consumer.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when processing orders for products and when assessing requests for services.

The place of delivery is the address that the consumer has provided to the entrepreneur.

With due observance of the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be executed, or only partially, the consumer will be informed of this no later than 30 days after placing the order. The consumer then has the right to terminate the agreement without penalty.

In the case of termination as referred to in the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of a product ordered by the consumer proves impossible, the entrepreneur will make every effort to offer a replacement item of similar quality and price. The consumer may cancel the agreement in such cases, and the entrepreneur will ensure that the consumer receives a refund within 14 days.

The risk of dam

age and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless otherwise agreed.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid immediately after concluding the agreement.

The consumer has the obligation to immediately notify the entrepreneur of inaccuracies in the provided or stated payment details.

In the case of non-payment by the consumer, the entrepreneur has the right to charge reasonable collection costs.

Article 13 – Complaints and Disputes

The entrepreneur has a well-publicized complaint procedure and will handle the complaint in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has observed the defect.

If the complaint cannot be resolved by mutual agreement, the dispute will be submitted to the competent court.

On the basis of the European Commission's online dispute resolution platform (ODR), the consumer has the possibility to submit disputes to the ODR platform.

Article 14 – Additional or Different Provisions

Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions relate, even if the consumer resides abroad.