General Terms and Conditions De HorlogeSmit
De HorlogeSmit is registered with the Chamber of Commerce under number 93814089 and is located at Spinner 80 in (1625VG) Hoorn.
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
2. Offer: Any written offer or quotation to the Customer for the delivery of Products and/or performance of Work by De HorlogeSmit.
3. De HorlogeSmit: The seller of products and who has the work carried out independently or under his supervision by others.
5. Consumer: A natural person who is not acting in the exercise of his profession or business.
6. Customer: the Consumer who enters into an Agreement (at a distance) with De HorlogeSmit.
7. Agreement: The purchase agreement (at a distance) that extends to the sale and delivery of Products purchased by the Customer from De HorlogeSmit or the Agreement whereby De HorlogeSmit undertakes to the Customer to create and deliver a tangible work outside of an employment relationship for a price in money to be paid by the Customer, with which these general terms and conditions form an inseparable whole.
8. Products: The Products offered by De HorlogeSmit are watches and related products.
9. Activities: The activities offered by De HorlogeSmit include all watch repair work.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer from De HorlogeSmit, every Agreement between De HorlogeSmit and Customer and to every work offered by De HorlogeSmit.
2. Before an Agreement (at a distance) is concluded, the Customer will be provided with these general terms and conditions. If this is not reasonably possible, De HorlogeSmit will indicate to the Customer how the Customer can view the general terms and conditions.
3. Deviation from these general terms and conditions is in principle not possible. In exceptional situations, the general terms and conditions may be deviated from if this has been explicitly agreed in writing with De HorlogeSmit. The general terms and conditions of the Customer do not apply.
4. These general terms and conditions also apply to additional, amended follow-up orders and future orders from the Customer.
5. If one or more provisions of these general terms and conditions are or become partially or completely null and void, the other provisions of these general terms and conditions will remain in force and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
6. Any ambiguities regarding the content, explanation or situations not covered by these general terms and conditions must be assessed and explained in accordance with the spirit of these general terms and conditions.
7. Where these general terms and conditions refer to she/her, this shall also be construed as a reference to he/him/his, if and to the extent applicable.
Article 3 - The Offer
1. All offers made by De HorlogeSmit are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
2. De HorlogeSmit is only bound by an Offer if the acceptance thereof is confirmed in writing by the Customer within the term set in the Offer. Nevertheless, De HorlogeSmit has the right to refuse an Agreement with a potential Customer for a reason that is justified for De HorlogeSmit.
3. The Offer contains a description of the Work offered. The description is detailed enough to enable the Customer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind De HorlogeSmit. Any images and/or specific data (including but not limited to models shown and/or provided, examples of the documents as well as specifications of colours, capacities, functionalities, dimensions and other descriptions in sketches, drawings, brochures, promotional material) in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement. Minor deviations that are permissible in the industry are permissible and do not constitute grounds for termination of the Agreement.
4. If the Offer is based on data provided by the Customer and this data proves to be incomplete and/or incorrect or if this data is subsequently changed, De HorlogeSmit has the right to adjust the rates, delivery times and/or prices stated in the Offer. The Customer is obliged to accept the changed circumstances and to meet the payment obligations set.
5. Offers do not automatically apply to follow-up orders or reorders.
6. Delivery times, terms and hours specified in the De HorlogeSmit Offer are indicative and do not entitle the Customer to cancellation or compensation if they are exceeded, unless expressly agreed otherwise.
7. A composite quotation does not oblige De HorlogeSmit to supply part of the items included in the offer or quotation for a corresponding part of the stated price.
8. An offer can be made by De HorlogeSmit in the store and online, via the website
Article 4 - Formation of the Agreement
1. The Agreement is concluded at the moment that the Customer has accepted an Offer or quotation from De HorlogeSmit by explicitly and unambiguously agreeing to the Offer by e-mail, making a payment or agreeing in the store.
2. If Customer has accepted the Offer by placing an order with De HorlogeSmit, De HorlogeSmit will confirm Customer's order in writing, or at least by e-mail.
3. De HorlogeSmit is not bound by an Offer if Customer could reasonably have expected or should have understood or should have understood that the Offer contained an obvious mistake or typo. Customer cannot derive any rights from this mistake or typo.
4. An Offer is only valid if made in writing by De HorlogeSmit to Customer. The Offer will lapse if the Product or the Work to which the quotation relates is no longer available in the meantime.
5. De HorlogeSmit has the right to refuse an Agreement with a potential Customer for a reason that is justified for De HorlogeSmit.
Article 5 - Duration of the Agreement
1. The Agreement is entered into for the duration stated in the quotation, unless otherwise agreed.
2. Customer has the right to exercise its right of withdrawal within the statutory period with regard to non-custom-made Products. If withdrawal applies, Customer will handle the Product and packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of Customer. Products that cannot be taken back after breaking the seal due to customization and hygienic reasons are excluded from the right of withdrawal. This is explicitly stated in the Offer.
3. Customer is at all times entitled to terminate the Agreement in whole or in part. If the execution of the Agreement has already commenced and Customer terminates the Agreement, Customer shall owe the price applicable to the entire work including the costs of third parties, reduced by the savings resulting from the termination for De HorlogeSmit, upon delivery by De HorlogeSmit of the work already completed. If the price was made dependent on the actual costs to be incurred by De HorlogeSmit, the price owed by Customer shall be calculated on the basis of the costs incurred, the work performed and the profit that De HorlogeSmit would have made on the entire work.
4. Either party may terminate the Agreement on the grounds of an attributable failure to perform if the other party has been given written notice of default and has been given a reasonable period to perform its obligations and it fails to do so in an attributable manner. This also includes the payment and cooperation obligations of the Customer.
5. Both Customer and De HorlogeSmit may terminate the Agreement in writing, in whole or in part, without further notice of default, with immediate effect if one of the parties is granted a moratorium on payments, bankruptcy has been requested or the company in question ends through liquidation. If a situation as mentioned above occurs, De HorlogeSmit is never obliged to refund any monies already received and/or to pay compensation. De HorlogeSmit is entitled to immediately take back any items that have not yet been paid for and reserves the right to claim additional compensation from Customer.
6. If De HorlogeSmit dies or becomes permanently incapacitated for work after the conclusion of the Agreement, either party may terminate the Agreement, insofar as, given the nature of the Agreement, they can derive a reasonable interest in termination from the death or permanent incapacity for work. For the work already performed and costs incurred, the Customer shall owe compensation to be determined in all fairness and taking into account all circumstances, if applicable to the heirs or legal successors of De HorlogeSmit.
7. The customer is personally liable to third parties for the consequences of the cancellation and indemnifies De HorlogeSmit against any claims arising from this from these third parties.
Article 6 - Additional work, reduced work and changes
1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted and/or supplemented, or if additional Work is required at the request of the Customer to achieve the desired result of the Customer, the Customer is obliged to reimburse this additional Work at the agreed rate. De HorlogeSmit is not obliged to comply with this request and may require the Customer to conclude an additional Agreement for this purpose.
2. If a fixed price has been agreed for the Work, De HorlogeSmit will inform the Customer about the additional costs or financial consequences of the additional work.
3. If and to the extent that a fixed price has been agreed for the performance of certain Activities, and the performance of those Activities leads to additional Activities that cannot reasonably be deemed to be included in the fixed price, or the price must be increased as a result of incorrect information provided by the Customer that is important for determining the price (unless De HorlogeSmit should have discovered the incorrectness of the information before determining the price), De HorlogeSmit is entitled to charge these costs to the Customer, after consultation with the Customer.
4. In the event of hidden defects, or at least unforeseen circumstances, De HorlogeSmit is entitled to charge additional costs if these circumstances lead to additional Work.
5. Price changes resulting from changes to the Agreement or on the basis of laws and regulations must be reimbursed by the Customer.
Article 7 – Prices and Payment
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
2. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which De HorlogeSmit has no influence, De HorlogeSmit can offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.
3. Payment must be made in advance, a deposit of 50% and upon delivery, the remaining 50%, in the currency in which the invoice was issued via the specified method, unless otherwise agreed.
4. The Customer is obliged to pay the agreed down payment within the specified period before De HorlogeSmit commences the execution of the Agreement.
5. The customer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
6. Customer must make payment in one go to the account number and details of De HorlogeSmit made known to her. Parties may only agree on a different payment term after explicit and written permission from De HorlogeSmit.
7. If a periodic payment obligation of the Customer has been agreed, De HorlogeSmit is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.
8. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Customer, De HorlogeSmit's claims on the Customer shall be immediately due and payable.
9. De HorlogeSmit has the right to apply the payments made by the Customer first to reduce the costs, then to reduce the accrued interest and finally to reduce the principal and the current interest. De HorlogeSmit may, without being in default, refuse an offer of payment if the Customer indicates a different order for the allocation. De HorlogeSmit may refuse full repayment of the principal if the accrued and current interest as well as the costs are not also paid.
10. If the Customer fails to meet its payment obligation and has not met its obligation within the payment term of 14 days, the Customer, being a Company, will be in default. The Customer, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet its obligations within that term, before it is in default.
11. From the date that the Customer is in default, De HorlogeSmit will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
12. If De HorlogeSmit has incurred more or higher costs that are reasonably necessary, these costs are eligible for compensation. The legal and execution costs incurred are also for the account of the Customer.
Article 8 - Collection policy
1. If the Customer fails to meet its payment obligation and has not met its obligation within the payment term set for this purpose, the Customer, being a Consumer, will first receive a written reminder with a term of 14 days after the date of receipt of the reminder, to still meet its payment obligation, including a statement of the extrajudicial costs if it does not meet its obligations within that term, before it is in default.
2. From the date that the Customer is in default, De HorlogeSmit will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
3. If De HorlogeSmit has incurred more or higher costs that are reasonably necessary, these costs will be eligible for reimbursement. The legal and execution costs incurred are also for the account of the Customer.
4. In the event of failure to make full payment (if Customer is in default), De HorlogeSmit is entitled to terminate the Agreement by means of a written statement, without further notice of default or judicial intervention, or to suspend its obligations under the Agreement, until payment has been received by De HorlogeSmit or Customer has provided adequate security for this.
5. Even if De HorlogeSmit, before the Customer is in default of payment, has well-founded reasons to doubt the Customer's creditworthiness, De HorlogeSmit is entitled to terminate the Agreement without a written statement or judicial intervention.
Article 9 – Delivery of Products
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Customer has not provided all requested information or has not provided it in a timely manner, has not provided sufficient cooperation, the (down) payment has not been received by De HorlogeSmit in a timely manner or if any delay occurs due to other circumstances beyond the control of De HorlogeSmit, De HorlogeSmit is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never fatal terms. The Customer must give De HorlogeSmit written notice of default and grant it a reasonable period to still be able to deliver. The Customer is not entitled to any compensation for damages due to the delay that has occurred.
2. The Customer is obliged to take delivery of the goods at the time they are made available to her in accordance with the Agreement, even if they are offered to her earlier or later than agreed.
3. If the Customer refuses to accept delivery or fails to provide information or instructions necessary for delivery, De HorlogeSmit is entitled to store the items at the Customer's expense and risk.
4. If the Products are delivered by De HorlogeSmit or an external carrier, De HorlogeSmit is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If De HorlogeSmit requires data from the Customer in the context of the execution of the Agreement, the delivery time will only commence after the Customer has made all data necessary for the execution available to De HorlogeSmit.
6. If De HorlogeSmit has specified a delivery period, this is indicative.
7. De HorlogeSmit is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. De HorlogeSmit is entitled to invoice the goods thus delivered separately.
8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. De HorlogeSmit reserves the right to refuse delivery if there is a reasonable fear of non-payment.
Article 10 - Packaging and transport
1. De HorlogeSmit undertakes to De HorlogeSmit to properly package the items to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), including packaging and packaging materials.
3. Acceptance of goods without any comments or remarks on the consignment note or receipt shall be deemed proof that the packaging was in good condition at the time of delivery.
Article 11 - Investigation, complaints
1. Customer is obliged to examine the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether they will keep the Product. In doing so, Customer must examine whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (commercial) transactions.
2. Customer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. De HorlogeSmit accepts no liability for incorrect use of the Product by Customer.
3. Any visible defects or shortages must be reported to De HorlogeSmit in writing after delivery. The Customer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Customer, the Customer is liable for any reduction in value of the Product.
4. If a complaint is made in a timely manner in accordance with the previous paragraph, the Customer remains obliged to pay for the purchased items. If the Customer wishes to return defective items, this will only be done with the prior written consent of De HorlogeSmit in the manner indicated by De HorlogeSmit.
5. If Customer, being a Consumer, exercises his right of withdrawal, he will return the Product and all accessories, to the extent reasonably possible, in original condition and packaging to De HorlogeSmit, in accordance with the return instructions of De HorlogeSmit. The direct costs for return shipments are for the account and risk of Customer.
6. De HorlogeSmit is entitled to initiate an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
7. Refunds to Customer will be processed as soon as possible, but the refund may take up to 14 days after receipt of the Customer's declaration of termination. Refunds will be made to the previously specified account number.
8. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to De HorlogeSmit, De HorlogeSmit will, after a request to do so by the Customer, send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading in this. Any damage suffered by the Customer as a result of the (deviating) size of the delivery cannot be recovered from De HorlogeSmit.
Article 12 - Advice
1. De HorlogeSmit can, if instructed to do so, draw up advice or a plan of approach for the purpose of providing services. The content thereof is not binding and is only advisory in nature, but De HorlogeSmit will observe its duties of care. The customer decides for himself and on his own responsibility whether to follow the advice.
2. The advice provided by De HorlogeSmit, in whatever form, can never be regarded as binding advice.
3. Customer is obliged to assess proposals provided by De HorlogeSmit at the first request of De HorlogeSmit. If De HorlogeSmit is delayed in its work because Customer does not or does not timely assess a proposal made by De HorlogeSmit, Customer is at all times responsible for the consequences thereof, such as delay.
4. The nature of the service provision means that the result is at all times dependent on external factors that can influence the reports and advice of De HorlogeSmit, such as the quality, correctness and timely delivery of required information and data from Customer and its employees. Customer is responsible for the quality and for the timely and correct delivery of the required data and information.
5. The Customer shall notify De HorlogeSmit in writing prior to commencement of the work of all circumstances that are or may be important, including any points and priorities to which the Customer wishes attention to be given.
Article 13 - Execution of work
1. De HorlogeSmit will make every effort to execute the Agreement with the greatest possible care, as may be expected of a good De HorlogeSmit. All Activities are performed on the basis of an obligation of effort, unless a result has been explicitly and in writing agreed upon that has been described in detail. In no event does De HorlogeSmit guarantee that the Activities performed and/or the items delivered by it are suitable for the purpose intended by the Customer.
2. When performing the Activities, De HorlogeSmit is not obliged or required to follow the instructions of the Customer if this changes the content or scope of the agreed Activities. If the instructions result in additional work for De HorlogeSmit, the Customer is obliged to reimburse the additional or additional costs accordingly. All instructions, directions, advice and more are deemed to have been made with the express approval of the Customer if they have been made by employees, subordinates and/or third parties engaged by the Customer. Damage resulting from the unauthorised giving of these instructions or the like or outside the scope of the order is entirely at the expense and risk of the Customer.
3. For the purpose of carrying out the Activities, De HorlogeSmit may conduct an investigation into the possibilities and feasibility of the repair. The Customer accepts these investigation costs at the time of entering into the Agreement and is obliged to pay these costs (in advance) even if the repair and/or other Activities are not carried out as a result of the outcome of the investigation. In that case, the paid investigation costs will not be refunded to the Customer. If the repair is carried out, the investigation costs will be regarded as a partial payment or down payment of the total repair costs.
4. De HorlogeSmit is entitled to engage third parties at its own discretion to carry out the Activities.
5. If the Activities are suspended at the request of the Customer, the Customer is obliged to pay the immediately due compensation for the Activities already performed and costs incurred at that time, at the first request of De HorlogeSmit. Furthermore, De HorlogeSmit is entitled to charge the Customer for all costs resulting from the suspension (this also includes reserved hours).
6. If the performance of the Agreement cannot be resumed after the suspension period, De HorlogeSmit is entitled to terminate the Agreement without judicial intervention, by means of a written statement to Customer. In the event of resumption of the performance of the Agreement, Customer is obliged to pay in full all costs incurred by De HorlogeSmit as a result of this resumption.
7. If Customer does not meet the obligations mentioned in this article in a timely manner, De HorlogeSmit is entitled to suspend the execution of the Agreement until such time as Customer has met its obligations. The costs related to the delay incurred and/or the costs for performing additional Work or other consequences resulting from this are at the expense and risk of Customer.
8. If Customer fails to fulfil its obligations and De HorlogeSmit fails to demand fulfilment from Customer, this will not affect De HorlogeSmit's right to demand fulfilment at a later date.
Article 14 - (Delivery) of Activities
1. If the commencement, progress or (delivery) of the Activities is delayed because, for example, the Customer has not provided all requested information or has not provided it in a timely manner, has not provided sufficient cooperation, the (down) payment has not been received by De HorlogeSmit in a timely manner or due to other circumstances that are at the expense and risk of the Customer, De HorlogeSmit is entitled to a reasonable extension of the (delivery) period. All agreed (delivery) periods are never fatal terms. The Customer must give De HorlogeSmit written notice of default. Under no circumstances are the stated periods fatal terms.
2. All damage and additional costs resulting from delay due to a cause mentioned in paragraph 1 are at the expense and risk of the Customer and can be charged to the Customer by De HorlogeSmit.
3. Shipping and/or transport of the ordered items will take place in the manner determined by the supplier of De HorlogeSmit, but will be at the expense and risk of the Customer. From the time of delivery at the agreed location, the delivered item will be at the expense and risk of the Customer. The Customer is obliged to fully cooperate with the delivery at the first request of De HorlogeSmit. The acceptance of items from De HorlogeSmit by the Customer is proof that the items have been received in good condition, unless any damage is expressly noted on the receipt.
4. If there is a phased implementation, or if the Customer must give approval, De HorlogeSmit is entitled to suspend the implementation of the Agreement until the Customer has given his approval. The final term for giving approval is 14 calendar days. If the Customer has not given approval within this term, the Customer is deemed to have tacitly agreed to the delivered goods.
5. De HorlogeSmit will make every effort to complete the Activities within the agreed period, to the extent that this can reasonably be expected of it. De HorlogeSmit is dependent on third parties
6. Where working days are mentioned, this means all (working) calendar days with the exception of recognised national holidays and weekends.
7. The Customer has an independent responsibility for the management, use and maintenance of the items made and/or delivered by De HorlogeSmit.
8. If De HorlogeSmit has indicated that the work is ready to be delivered and the Customer does not approve the work within a reasonable period and accept it, with or without reservation, or use it, edit it or have it edited, the Customer is deemed to have tacitly accepted the work. After acceptance, the work is deemed to have been delivered.
9. After delivery, the work is at the risk of the Customer. Therefore, the Customer remains liable for the price, regardless of the destruction or deterioration of the work due to a cause that cannot be attributed to De HorlogeSmit.
10. De HorlogeSmit is not liable for defects that the Customer should reasonably have discovered at the time of delivery, except in the case of intent or deliberate recklessness on the part of De HorlogeSmit.
11. De HorlogeSmit is entitled to deliver and/or perform the Activities in parts, whereby each partial delivery and/or partial performance can be invoiced separately.
Article 15 - Maintenance
1. If agreed, De HorlogeSmit will perform maintenance and/or repairs. The scope of the maintenance obligation extends to what has been explicitly agreed upon by the parties. De HorlogeSmit will inform Customer of all circumstances that may affect (the availability of) the maintenance.
2. Customer is obliged to report any defects or errors (in writing) to De HorlogeSmit, after which De HorlogeSmit will repair the defects and/or make improvements as soon as possible and to the best of its ability in accordance with its usual procedures. If desired, De HorlogeSmit is entitled to first apply temporary solutions, after which a structural solution can be devised and implemented in consultation with Customer.
3. The Customer is obliged to cooperate with De HorlogeSmit upon first request.
Article 16 - Suspension
1. De HorlogeSmit is authorized to suspend the fulfillment of the obligations or to terminate the Agreement immediately and with direct effect, if:
Customer fails to fulfil the obligations under the Agreement, fails to fulfil them in full or fails to fulfil them on time;
De HorlogeSmit, after concluding the Agreement, has good reason to fear that the Customer will not fulfil its obligations;
Customer was requested to provide security or a down payment for the fulfilment of his obligations under the Agreement when concluding the Agreement, and this payment is not made or is insufficient;
If, due to a delay on the part of the Customer, De HorlogeSmit can no longer be required to fulfil the Agreement under the originally agreed conditions, De HorlogeSmit is entitled to terminate the Agreement.
if circumstances arise which are of such a nature that compliance with the Agreement in its current form cannot reasonably be expected of De HorlogeSmit.
2. If the termination is attributable to the Customer, De HorlogeSmit is entitled to compensation from the Customer.
3. If the Agreement is terminated prematurely by De HorlogeSmit, the Parties will consult on the transfer of Work still to be performed to third parties if the termination is attributable to the Customer. The costs for transfer will be borne by the Customer. De HorlogeSmit will inform the Customer of these costs in advance as much as possible. The Customer is obliged to pay these costs within the specified period, unless otherwise agreed.
Article 17 - Instructions for use of products
1. Customer of Products must follow the regulations and instructions of De HorlogeSmit.
2. Customer must store the watch carefully. If applicable, watches must be stored in the packaging provided.
3. In connection with the materials, the Customer should not swim, shower, exercise and/or sleep with the Products. The Customer should also take into account (harmful) substances from make-up, perfume, care and cleaning products that can affect, damage and/or discolour the jewellery. If the Customer wears the jewellery in these situations, the jewellery may lose colour, be damaged or otherwise affected. In none of these cases is the Customer entitled to free repair or restoration and the warranty will lapse.
4. If a stone has fallen out of the Product, this is at the expense and risk of the Customer.
5. Customer and third parties must refrain from modifying and/or repairing Products themselves.
6. A Customer may cause discolouration of Products sooner due to a higher acidity (natural or due to alcohol or medication use) of her skin. De HorlogeSmit is in no way liable for this.
Article 18 - Guarantees
1. Every guarantee is explicitly agreed in writing. Guarantees never extend beyond what has been explicitly agreed.
2. De HorlogeSmit will perform the Activities in accordance with the standards applicable in the industry. If any guarantee has been given, this is limited to what has been expressly agreed in writing and only to the extent that the guarantee has been received from the suppliers. During the guarantee period, De HorlogeSmit guarantees a sound and customary quality of the delivered goods.
3. Warranty on repair work is explicitly excluded, except for the replacement of clocks, for which a 6-month warranty applies.
4. The Customer may only invoke the guarantee provided by De HorlogeSmit if the Customer has fully met his payment obligations.
5. If Customer rightly invokes an agreed warranty, De HorlogeSmit is obliged to carry out a free repair or replacement of the delivered goods. If in addition there is any additional damage, the applicable provisions of the liability of these general terms and conditions apply.
6. The warranty expires as soon as the warranty period has expired, the warranty obligation expires, the Customer makes or has made adjustments to the delivered and/or the delivered item is used, treated or maintained incorrectly in the opinion of De HorlogeSmit.
7. Only the warranty provision set by this supplier applies to the Products sold and delivered with a manufacturer's warranty.
8. De HorlogeSmit guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the statutory rules/regulations at the time of the conclusion of the Agreement. This also applies if the items to be delivered are intended for use abroad and the Customer has expressly notified De HorlogeSmit of this use in writing at the time of entering into the Agreement.
Article 19 - Transfer of risk
The risk of theft and loss, embezzlement or damage of Products, data, documents, software, data files and/or items used, created or delivered in the context of the performance of the Agreement shall pass to Customer at the time when they are actually made available to Customer.
Article 20 - Privacy, data processing and security
1. De HorlogeSmit handles the (personal) data of Customer and Users of the website with care and will only use it in accordance with the privacy statement. If requested, De HorlogeSmit will inform the person concerned about this.
2. If De HorlogeSmit is required to provide for security of information under the Agreement, this security will comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.
Article 21 - Retention of title
1. De HorlogeSmit delivers all products and/or items under retention of title. Until the Customer has paid all amounts due in full to De HorlogeSmit, the delivered items remain the property of De HorlogeSmit.
2. De HorlogeSmit has the right to retain the products or items purchased by the Customer if the Customer has not yet (fully) met his payment obligations, despite an obligation to transfer or deliver by De HorlogeSmit. After the Customer has met his obligations, De HorlogeSmit will deliver the purchased products or items to the Customer as soon as possible, but no later than within 20 working days.
3. Costs and other (consequential) damage resulting from retaining the purchased products are at the expense and risk of the Customer and will be reimbursed to De HorlogeSmit by the Customer upon first request.
Article 22 - Force Majeure
1. De HorlogeSmit is not liable if it is unable to fulfil its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of De HorlogeSmit is in any case understood to mean, but is not limited to: (i) force majeure of suppliers of De HorlogeSmit, (ii) failure to properly fulfill obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunications facilities (for example due to: cybercrime and hacking) or of another nature, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) illness and/or strikes of De HorlogeSmit staff, (xi) epidemics and/or pandemics that disrupt public life and (xii) other situations that in the opinion of De HorlogeSmit fall outside its sphere of influence and that temporarily or permanently prevent the fulfillment of its obligations.
3. If, in the opinion of De HorlogeSmit, the agreed Work cannot be carried out at the time or within the agreed period due to wet weather conditions, extreme heat or terrain conditions, De HorlogeSmit has the right to interrupt the Work relating thereto and to extend the Agreement by the duration of the days not worked without this leading to liability.
4. If a force majeure situation lasts longer than 2 months, the Agreement may be terminated in writing by either party. If any services have already been provided under the Agreement, in such a case a pro rata settlement will be made without any further liability for these services by either party to each other.
Article 23 - Limitation of liability
1. If the performance of the Agreement by De HorlogeSmit leads to liability of De HorlogeSmit towards Customer or third parties, that liability is limited to the costs charged by De HorlogeSmit in connection with the assignment (once the invoice value, excluding material costs, excluding VAT) unless the damage is the result of intent or recklessness bordering on intent on the part of De HorlogeSmit. In any case, liability is limited to the amount of damages that is paid out by the insurance company per claim per year.
2. De HorlogeSmit is not liable for consequential damage in any form whatsoever, indirect damage, business damage, loss of profit and/or loss incurred, missed savings, damage due to business stagnation.
3. If the work shows defects after delivery for which De HorlogeSmit is (proven to be) liable, De HorlogeSmit must be given the opportunity to remedy the defects within a reasonable period of time, without prejudice to liability for damage resulting from the defective delivery, unless the costs of repair would be disproportionate to the Customer's interest in repair instead of compensation.
4. De HorlogeSmit is not liable for and/or obliged to repair damage caused by the use of the Product. De HorlogeSmit provides strict maintenance and usage instructions that must be followed by the Customer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, damage from use, fall damage, light and water damage, theft, loss, etc.).
5. De HorlogeSmit is not liable for damage that is or may be the result of any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
6. De HorlogeSmit is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
7. De HorlogeSmit is not responsible for the correct and complete transmission of the contents of and by/on behalf of De HorlogeSmit e-mails, nor for their timely receipt.
8. All claims of Customer due to shortcomings on the part of De HorlogeSmit shall lapse if they are not reported in writing and with reasons to De HorlogeSmit within one year after Customer was aware or could reasonably have been aware of the facts on which she bases her claims. All claims of Customer shall in any case lapse one year after the termination of the Agreement.
9. If the (consequences) of an improper performance of the work are due to defects or unsuitability of items originating from the Customer, the consequences will be borne by the Customer, unless De HorlogeSmit has breached its duty to warn or has otherwise failed in its expertise or care with regard to these defects.
Article 24 - Confidentiality
1. De HorlogeSmit and Customer undertake to maintain confidentiality of all confidential information obtained in the context of an Agreement. The confidentiality arises from the Agreement or from what one can reasonably expect to be confidential information.
2. If De HorlogeSmit is required by law or a court order to provide confidential information to a third party designated by law or a competent court or (also) and De HorlogeSmit cannot invoke a right to refuse to testify, De HorlogeSmit is not obliged to pay any compensation and the Customer is not entitled to terminate the Agreement.
3. De HorlogeSmit and the Customer also impose the confidentiality obligation on third parties engaged by them.
Article 25 - Indemnification and accuracy of information
1. Customer is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records that it provides to De HorlogeSmit in the context of an Agreement. Customer is also responsible for this if this data originates from third parties. If De HorlogeSmit is aware, or should reasonably have been aware, of the inaccuracies in the order, including errors or defects in the plans, drawings, calculations, specifications or implementation instructions provided by Customer, De HorlogeSmit is obliged to warn Customer of this.
2. The Customer indemnifies De HorlogeSmit from any liability arising from the failure to comply with the obligations under the previous paragraph or the failure to comply with them in a timely manner.
3. Customer indemnifies De HorlogeSmit against claims by third parties with regard to intellectual property rights on the data and information provided by Customer, which may be used in the performance of the Agreement.
4. Customer is responsible for obtaining all possible required (building) permits. Customer indemnifies De HorlogeSmit against all claims resulting from the lack of (building) permits.
5. If Customer provides electronic files, software or information carriers to De HorlogeSmit, Customer guarantees that these are free from viruses and defects.
6. The Customer also indemnifies De HorlogeSmit against all damages, fines, (orders subject to) penalty payments, claims and other government measures.
Article 26 - Intellectual property rights
1. All IP rights and copyrights of De HorlogeSmit (including but not limited to all drawings, designs, models, preparatory material and more developed or made available under the Agreement) remain exclusively with De HorlogeSmit and are not transferred to the Customer.
2. Customer shall only obtain the rights of use and powers that it has expressly obtained under the Agreement.
3. The Customer is prohibited from using the products on which De HorlogeSmit's intellectual property rights rest other than as agreed in the Agreement.
4. Customer gives permission to De HorlogeSmit to take photos of the delivered goods and/or to place the photos taken by Customer of the delivered goods on its website and/or social media channels for advertising and promotional purposes.
Article 27 - Complaints
1. If Customer is not satisfied with the service or products of De HorlogeSmit or otherwise has complaints about the execution of his order, Customer is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. Complaints can be reported in writing with the subject “De HorlogeSmit Complaint order number …”, or via the specified telephone number.
2. The complaint must be sufficiently substantiated and/or explained by the Customer if De HorlogeSmit is to be able to handle the complaint. The complaint must contain at least the following information: name, address details, telephone number, e-mail address, order number, date the jewelry/watch was picked up/received, description of the complaint.
3. De HorlogeSmit will respond to the complaint as soon as possible, but no later than 14 working days after receipt of the complaint.
4. Parties will attempt to reach a solution together if the complaint is justified. In consultation with Customer, the Product will be replaced. If it cannot be replaced by the same product, it will be replaced by a similar Product.
Article 28 - Applicable law
1. The legal relationship between De HorlogeSmit and Customer is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. De HorlogeSmit can unilaterally change these general terms and conditions. The most current version can be found on the website.
3. All disputes arising from or in connection with the Agreement between De HorlogeSmit and Customer shall be settled by the competent judge of the court of The Hague, Gouda location, unless mandatory provisions of law lead to the jurisdiction of another court.
Hoorn, January 26, 2025
