Terms and Conditions Ketelaars Watches
Last updated: July 18, 2023
Please read the following Terms and Conditions carefully before using the Ketelaars Watches website or purchasing a Ketelaars Watch.
1.1. Ketelaars Watches is a company located at Dotterbeemd 4, Valkenswaard, the Netherlands, registered with the Chamber of Commerce, number: 72144343. Ketelaars Watches can be contacted by the following email address: firstname.lastname@example.org, or can be reached by the following telephone number: +31643218558.
1.2. These Terms and Conditions govern your access to and use of Our website and services, including the purchase of watches from Our brand. By using Our website or purchasing Our products, you agree to be bound by these Terms and Conditions.
1.3. We retain the right to modify or revise these Terms and Conditions at any time. It is your responsibility to regularly review these Terms and Conditions for any updates. The updated version of the Terms and Conditions will apply to any orders placed after its publication.
1.4. Prior to entering into the Agreement, the full text of these Terms and Conditions will be made accessible to the Customer via email or the website www.ketelaarswatches.com. By completing the first invoice, the Client agrees to have read, understood and accepted the Terms and Conditions. The content of article 1.4 is also stated on the invoice itself.
1.5 .We expressly reject the applicability of any other terms and conditions of the Client. If the Client refers to their own Terms and Conditions and declares them applicable, the Parties mutually agree, through acceptance of these Terms and Conditions, that Ketelaars Watches will not be bound by the Client’s Terms and Conditions.
- Definitions and interpretation
“We/Us/Our” refers to Ketelaars Watches, owned by Stefan Ketelaars.
“Customer/Buyer/Client” refers to the customer or potential customer of Ketelaars Watches.
“Contractor” (hereinafter: Ketelaars Watches) refers to Ketelaars Watches, a company located at Dotterbeemd 4, Valkenswaard, the Netherlands, registered with the Chamber of Commerce, number: 72144343.
“Parties” refers to the Ketelaars Watches and the customer or potential customer of Ketelaars Watches.
“Agreement” refers to a binding contract entered into between Ketelaars Watches and the Client, including any subsequent changes agreed upon, and the agreed-upon additional or reduced work.
3. Order and Products
3.1. The Buyer may place an order for the available products by contacting Us via email. The information provided by the Client will be stored and processed solely for the proper fulfillment of the order, including invoicing and delivery, in accordance with Our Privacy and Cookies Policy.
3.2. The watch details will be discussed and confirmed via email, including a list of options. At this stage, the Client may also express any additional preferences for the watch. Once an Agreement is reached through email, which includes a final summary of the chosen model and configuration, an invoice for 40% of the total watch amount will be sent. Upon completion of the payment, the order becomes binding and definitive, establishing a purchase Agreement with Ketelaars Watches. Any additions to the watch appearance will only be effective if agreed upon in writing between both Parties.
3.3. Any offer made by Ketelaars Watches is non-binding until the 40% payment has been fulfilled. If this requirement is not met, no rights can be derived from the offer regarding the price quote, indicative (delivery) date, or product/service availability.
3.4. In the event that an item is unavailable, the Buyer has the option to request placement on a waiting list. The information provided in such cases will be used solely for the intended purpose and in accordance with Our Privacy and Cookies Policy. Please note that placement on the waiting list does not impose any binding obligations.
3.5. We may periodically update the selection of products available on Our website, and We do not guarantee the ongoing availability of any specific product or product type.
3.6. Our pricing for the offer is based on daily prices, taking into account the cost of outsourced parts, material prices, and the availability of parts and tools at the time of the offer.
3.7. Ketelaars Watches cannot be held accountable for the offer if it is evident or should have been reasonably understood by the Client that the offer, or any part thereof, contains an obvious mistake or clerical error.
4.1. The prices of Our watches are displayed on Our website and are subject to change without prior notice. All prices are denominated in Euro(€) currency and do not include taxes, duties, or shipping charges. When applicable, VAT will be clearly stated on the invoice.
4.2. The offer will be based on daily prices, considering the current cost level of materials and the availability of bought-in and outsourced products at the time of the offer. If circumstances arise that increase costs after the Agreement is concluded, and these circumstances are beyond the control of Ketelaars Watches, We reserve the right to pass on the cost increase to the Client. Ketelaars Watches will promptly inform the Client of the need for the price increase.
4.3. In cases where a price has been agreed upon with the Client, Ketelaars Watches may still apply price increases that occur six months after the binding Agreement (Article 3.4). These price increases may result from factors such as transportation costs, parcel insurance costs, operational expenses, operational time, purchased product costs, outsourced product costs, and scarcity of purchased products or materials. If the price increase exceeds 5%, the Client retains the right to terminate the Agreement, and in such cases, the upfront payment will be fully refunded.
4.4. Ketelaars Watches reserves the right to charge the Client for any additional costs incurred due to incorrect data provided by the Client.
4.5. In addition to the delivery costs, shipments to countries other than the Netherlands may attract customs duties, taxes, and additional charges. These charges are determined by various factors, including the value, type of goods purchased, administrative costs, and the destination of the shipment. These charges are not included in the prices stated on the website or agreed upon in the invoice. The Buyer is responsible for any customs duties, taxes, and associated costs applicable in the country of delivery for the purchased products. By accepting these Termes and Conditions, the Buyer acknowledges and agrees to bear any customs duties, taxes, or other charges that may arise in connection with the delivery to a country other than the Netherlands.
5.1. Payments are due within 14 days from the date of the invoice. The upfront payment must be made before the Agreement can commence. The date indicated on Ketelaars Watches’ bank statements upon receipt of payment will be considered the date of payment. Failure to make the upfront payment on time may result in the termination of the collaboration. However, if agreed upon by both Parties, an additional 14-day extension to the payment deadline can be granted.
5.2. Payments should be made via bank wire transfer or cash payment at the time of the order or final payment. Additional payment methods may be considered upon mutual Agreement, and any associated costs related to these payment methods will be the responsibility of the Client.
5.3. Deposits: The Buyer acknowledges that the deposit is generally non-refundable, such as when the Buyer decides not to proceed with the purchase or is unable to do so for other reasons. The only acceptance is described in Article 4.3
5.4. Payment for purchases is typically divided into two stages, unless otherwise agreed upon by both Parties. The initial payment of 40% is required to establish a binding Agreement, and the remaining 60% is due upon the completion of the watch.
5.5. Each watch crafted by Ketelaars Watches is tailor-made based on the specific requirements of the Client. As a result, these custom bespoke watches are non-returnable and non-refundable.
6.1. The products will only be prepared for delivery or made available for pick up once the purchase price, including any applicable price increases, has been fully paid.
6.2. In the case of pick up, no additional costs will apply. The pick-up time will be arranged through mutual consultation. The Buyer or an authorized person, whose name has been communicated to Ketelaars Watches via email in advance, shall collect the products.
6.3. In case of delivery, the transport and insurance costs, as well as the risk of shipment, including risk of loss, damage or decrease in value of the products, will be borne by the Client. If the Parties have agreed that Ketelaars Watches will arrange the delivery, Ketelaars Watches will use a third party to deliver the goods to the shipping address provided by the Buyer via email. The estimated delivery time provided via email is indicative and may be subject to customs clearance or other unforeseen delays beyond the control of Ketelaars Watches. Ketelaars Watches will not be held liable for any delays in delivery or lost packages.
6.4. If the Client refuses to accept the delivery or fails to provide necessary information or instructions for delivery, or if the Client fails to accept or collect the goods for any reason, Ketelaars Watches will not be responsible for any additional expenses or the risk of package loss.
6.5. The Buyer must promptly inspect the products upon Delivery. If any defects are discovered, the Buyer must immediately notify Ketelaars Watches, without delay and no later than within seven days. Failure to provide such notification will be deemed as acceptance of the products.
7.1. Ketelaars Watches provides a warranty for the products delivered, covering defects for a period of twenty-four months from the moment of delivery.
7.2. The Buyer is responsible for notifying Ketelaars Watches of any defects affecting the products within the warranty period.
7.3. If a defect is discovered after the delivery but within the warranty period, the Buyer must promptly inform Ketelaars Watches via email. The complaint should include a detailed description and visual material showcasing the identified shortcomings. Failure to provide such notification will be considered as acceptance of the products, including any defects.
7.4. The warranty will expire if:
a) The (delivered) goods or a portion thereof are exposed to circumstances that could potentially affect their quality.
b) The delivered goods are handled carelessly.
c) The watch has been opened or repaired by a third party.
7.5. If a valid claim is made, Ketelaars Watches will decide whether to replace or repair the affected products, without canceling the purchase Agreement or reducing the price.
7.6. Repaired or replaced (sub)parts or work will carry a warranty period of 12 months.
7.7. After-sales services may be provided after the expiration of the warranty period. These services are subject to a quotation and will be performed only upon the Buyer’s approval of the provided quote.
- Limitation of Liability
8.1. While We make efforts to ensure the accuracy of the information presented on Our website regarding Our watches, We cannot guarantee the accuracy, completeness, or reliability of the provided information.
8.2. We shall not be held liable for any indirect, incidental, consequential, or special damages arising from or related to the use or purchase of Our watches.
8.3. The risk of loss and damage to the products is transferred to the Buyer upon the conclusion of the purchase Agreement.
- Law and jurisdiction
9.1 A contract based on these terms and conditions will be governed by and interpreted in accordance with the laws of the Netherlands. Any disputes arising from a contract under these terms and conditions will be exclusively subject to the jurisdiction of the courts in the Netherlands.