Terms and Conditions

Index:

Article   1 - Definitions
Article   2 - The Entrepreneur's identity
Article   3 - Applicability
Article   4 - The offer
Article   5 - The contract
Article   6 - Right of withdrawal
Article   7 - Costs in case of withdrawal
Article   8 - Exclusion of right of withdrawal
Article   9 - The price
Article 10 - Compliance and Warranty Agreement
Article 11 - Delivery and implementation
Article 12 - Extended duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different terms
 
Article 1 – Definitions

In these conditions apply:

1. Grace period: The period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of profession or business and takes on a distance contract with the entrepreneur;
3. Day: calendar;
4. Transaction duration: a distance contract concerning a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
5. Long-term data carrier: any means that enables the consumer or business that to store information that is directed to him personally in a way that facilitates future consultation and unaltered reproduction of the information;
6. Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
7. Entrepreneur: the natural or legal person who offers products and / or services to consumers;
8. Distance contract: an agreement in the framework of a system organized by the entrepreneur for distance selling of products and / or services, until the closing of the agreement, making use of one or more techniques for communicating over distance;
9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.

 
Article 2 - The Entrepreneur's identity

JP-Watches
Telephone: +31 6 41404210 (available between 10:00 and 19:00, Monday till Sunday)
Email: info@jp-watches.com
Commercial Register: 64463834.
VAT identification number: NL217636226B01
 
Article 3 – Applicability

1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between business and consumers.
2. Before the distance contract is concluded, the text of these general conditions are made available to the consumer. If this is not reasonably possible, it will be indicated that the general conditions for inspection at the entrepreneurs’ premises and be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is closed, the text of these terms and conditions electronically will be made available to the consumer in such a way that the consumer can stored it on a durable medium. If this is not reasonably possible, before the distance contract is closed, it will be indicated where the general conditions can be found electronically and that they can be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can rely in the event of conflicting terms, on the applicable provision that is most favorable to him.

 
Article 4 - The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

1. The agreement is, under subject to the provisions of paragraph 4, concluded at the moment that the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
4. The entrepreneur can within the law, inform the consumer that he met its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the entrepreneur, under this investigation, has justified grounds in order to not to enter into the agreement, he is entitled to refuse an order or request if it binds its implementation to special conditions.
5. The entrepreneur will present the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium to send:
   a. the address of the establishment of the business where consumers can lodge complaints;
   b. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. information about guarantees and after sales service;
   d. the recorded data of these conditions in Article 4 paragraph 3, unless the entrepreneur has already provided that information to the consumer before the contract will be performed;
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction the provision in the previous paragraph applies only to the first delivery.

 
Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period shall run from the date of receipt of the product by the consumer or pre-designated by the consumer and the entrepreneur announced representative.
2. During this period the consumer will handle the product and packaging in good care. He will only unpack the product or use it as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, according to the entrepreneurs’ provided reasonable and clear instructions.

When providing services:

1. When providing services, the consumer can terminate the contract without giving any reason for at least 14 days starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer can focus on the reasonable and clear instructions provided by the entrepreneur for the supply and / or appearance of the product.
    

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the cost of return shipping will be on his/her end.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.

 
Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can, to the extent provided for in paragraph 2 and 3, exclude the right of withdrawal of the consumer. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated it in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a. which have been created by the entrepreneur to the consumer's specifications.;
   b. that are clearly personal in nature;
   c. that cannot be returned due to their nature;
   d. whose price depends on fluctuations in the financial market over which the entrepreneur  has no influence;
3. Exclusion of the right of withdrawal is only possible for services:
   a. of which the supply has started with the express consent of the consumer before the thinking period has expired;
    

Article 9 - The price

1. During the period mentioned in the offer the prices of the products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed on this and:
   a. they are the result of legislation or regulations; or
   b. the consumer has the right to terminate the agreement as of the date the increase takes effect.
5. The prices in the supply of products or services include VAT.

 
Article 10 - Compliance and Warranty Agreement

1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the contract provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. On by the entrepreneur, manufacturer or importer given warranty does not affect the legal rights and claims that the consumer may invoke under the contract against the entrepreneur.

 
Article 11 - Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is stated in article 4 of these terms and conditions, the company accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives a notice within 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to possible compensation.
4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that consumers paid as soon as possible but no later than 30 days after repudiation.
5. The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated by the entrepreneur announced representative, unless expressly agreed otherwise.

 
Article 12 - Extended duration transactions: duration, termination and renewal

Cancelation

1. The consumer can accept a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a cancelation notice of up to one month.
2. The consumer can accept a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services terminate at any time at the end of the fixed term, subject to applicable termination rules and a notice not exceeding one month.
3. Consumers can, mentioned in the agreements in the previous paragraphs:

• Cancel at any time and not be limited to termination at a particular time or in a given period;
• At least cancel the same way as they are concluded;
• Cancel at the same notice as the company has negotiated for itself.

Extension

1. A contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

 
Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer is to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period will run until the consumer has received the confirmation of the agreement.
2. When selling products to the consumers a advance payment of 100% is stipulated. If advance payment is agreed, the consumer may not assert any rights regarding to the implementation of the order or service(s) before the advance payment has been made. If the customer wishes not to make any prepayment, JP Watches offers the possibility to pick up the purchased product (s) for cash at the specified address.
3. The consumer has the duty to inform the entrepreneur about inaccuracies in the supplied and specified bank data.
    

In case of default (non-payment) by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge reasonable costs to the consumer that are made known to him/her.
 
Article 14 – Complaints

1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur.
3. The entrepreneur complaints are answered within a period of 14 days from the date of receipt. If a complaint needs a foreseeable longer processing time, then the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, it will create a dispute that is subject to dispute.
    

 
Article 15 – Disputes

Contracts between the entrepreneur and the consumer of these terms refer only to Dutch law.
 
Article 16 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be in such a way that the consumer in an accessible manner stored on a durable medium.