Terms & Conditions
Article 1 – Definitions
For the means of these conditions:
Time to think: the period within which the consumer may benefit from his right of withdrawal;
Consumer: means the natural person who does not act in the pursuit of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: means a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
Sustainable data medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: means the possibility for the consumer to opt out of the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: means an agreement whereby, in the context of a system for distance selling of products and/or services organised by the operator, one or more distance communication techniques is used only until the conclusion of the contract;
Technology for remote communication: means that can be used to conclude an agreement, without the consumer and the entrepreneur meeting simultaneously in the same space.
Terms and conditions :the current Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
The Valb Company
Pletterijkade 22-D, 2515SG, The Hague
Email address: support@valbwatches.com
Chamber of Commerce number: 76839362
VAT number: NL003160450B12
Article 3 – Applicability
These terms and conditions apply to each offer of the entrepreneur and to any distance agreement and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be identifiable to the trader and they will be sent free of charge as soon as possible at the consumer's request.
By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be notified by electronic means and that, at the consumer's request, they will be transmitted free of charge.
In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutely and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favorable to him.
If one or more provisions in these terms and conditions are at any time wholly or partially annulled or destroyed, the agreement and these conditions will remain in place for the rest and the provision in question will be replaced without delay by a provision that approaches the scope of the original as far as possible.
Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
Ambiguities about the explanation or content of one or more terms of our terms and conditions should be explained 'in the spirit' of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications details in the offer are indicative and cannot be grounds for damages or termination of the contract.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer. This concerns in particular:
the price including taxes;
any costs of dispatch;
the manner in which the agreement will be concluded and what actions are required;
whether or not the right of withdrawal applies;
the method of payment, delivery and implementation of the agreement;
the time limit for acceptance of the offer or the period within which the trader guarantees the price;
the level of the distance communication rate if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how it can be consulted for the consumer;
the way in which the consumer can check and recover, if desired, the way in which the consumer may, before the conclusion of the contract, verify the information he provides under the contract;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means; And
the minimum distance duration of the contract in the event of an expensive transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The contract shall be concluded, subject to paragraph 4, at the time of the consumer's acceptance of the offer and compliance with the conditions laid down there by it.
If the consumer has accepted the offer by electronic means, the operator shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
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 operator will take appropriate safety measures to this end.
The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible contract. If, on the basis of this examination, the economic operator has good grounds not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
The entrepreneur shall send the following information to the consumer in the case of the product or service provided to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
(a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
(b) the conditions under which and the way in which the consumer may adopt the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;
(c) information on guarantees and existing post-purchase service;
(d) the information provided for in Article 4(3) of these conditions, unless the economic operator has already provided such information to the consumer before the performance of the contract;
(e) the requirements for termination of the contract if the contract is lasting more than one year or is of an indefinite period.
In the case of an expensive transaction, the provision in the previous paragraph shall apply only to the first delivery.
Any agreement shall be entered into under the conditions of suspensive availability of the products concerned.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving reasons for 14 days. This cooling-off period shall take place on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and disclosed to the trader.
During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur, with all the accessories supplied and, if reasonably possible.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make known by means of a written message/e-mail. After the consumer has indicated that he wishes to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the items supplied have been returned in good time, for example by means of proof of dispatch.
If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the trader, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer uses his right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will repay this amount as soon as possible, but not later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
Article 8 – Right of withdrawal exclusion
The trader may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion from the right of withdrawal shall be possible only for products:
(a) which have been established by the economic operator in accordance with consumer specifications;
- which are clearly personal in nature;
(c) which cannot be returned by their very nature;
(d) which can quickly spoil or age;
(e) the price of which is linked to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
(g) for audio and video recordings and computer software whose consumer has broken the seal.
- for hygienic products whose consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
(a) to carry out accommodation, transport, restaurant business or leisure activities on a given date or during a specified period;
(b) the delivery of which began with the express consent of the consumer before the cooling-off period has expired;
- on bets and lotteries.
Article 9 – Conformity and Guarantee
The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims which the consumer may assert to the trader under the contract.
Any defects or mishandled products must be reported in writing to the trader within 14 days of delivery. The return of the products must be returned in its original packaging and in new condition.
The manufacturer's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty shall not apply if:
The consumer has repaired and/or processed the products supplied himself or has had them repaired and/or processed by third parties;
The products supplied have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the instructions of the trader and/or have been treated on the packaging;
The inequity is, in whole or in part, the result of rules that the government has or will impose as regards the nature or quality of the materials applied.
Article 10 – Delivery and execution
The entrepreneur will take the utmost care when receiving and carrying out orders of products.
The place of delivery shall be the address which the consumer has made known to the company.
Subject to the terms and conditions set out in Article 4 of these terms and conditions, the company shall carry out accepted orders with skillful urgency but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and to any compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of substitute articles, the right of withdrawal cannot be excluded. The costs of a possible return are at the expense of the entrepreneur.
The risk of damage and/or disappearance of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-appointed and disclosed representative to the entrepreneur, unless expressly otherwise agreed.
Article 11 – Duration transactions: duration, termination and renewal
Termination
The consumer may terminate at any time an indefinite contract which is intended for the regular delivery of products (including electricity) or services, subject to the rules of notice agreed and a notice period of not more than one month.
The consumer may terminate at any time by the end of the fixed period of time a fixed-term contract which is intended for the regular delivery of products (including electricity) or services, subject to the termination rules agreed for that purpose and a notice period of not more than one month.
The consumer may:
terminate at all times and not be limited to denunciation at a given time or period;
at least denounce in the same way that they have been contracted by him;
always cancel with the same notice period as the entrepreneur has negotiated for himself.
Extension
An agreement entered into for a fixed period of time which covers the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.
By way of derogation from the previous paragraph, a fixed-term contract which is intended to cover the regular delivery of daily news, weekly and magazine magazines may be tacitly extended for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a period of notice of not more than one month.
A fixed-term contract which is limited to the regular delivery of products or services may be extended for an indefinite period only if the consumer is allowed to terminate at any time with a period of notice of not more than one month and a period of notice of not more than three months in case the contract is extended to the regular but less than once per month , delivery of daily, news and weekly magazines and magazines.
An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introduction period.
Duration
If an agreement has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.
Article 12 – Payment
To the extent otherwise agreed, the amounts due by the consumer shall be paid within 7 working days of the expiry of the cooling-off period referred to in Article 6(1). In the case of a contract to provide a service, this period shall 31 after the consumer has received confirmation of the contract.
The consumer has a duty to report inaccuracies to the trader without delay in payment details provided or mentioned.
In the event of a default by the consumer, the trader shall have the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 13 – Complaints scheme
Complaints concerning the performance of the contract must be submitted in full and clear to the entrepreneur within 7 days, after the consumer has identified the defects.
Complaints submitted to the entrepreneur are answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is open to the dispute settlement.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the products supplied free of charge.
Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions relate shall be subject only to Dutch law. Even if the consumer is resident abroad.