Valinsky general terms and conditions for online purchasing on www.valinsky.nl
1. Definitions
For the
purpose of these General Terms and Conditions, the following terms shall have the following
meanings
“Business Day” means a calendar day, other than a Saturday, a Sunday or a Dutch public
holiday, on which the banks in the Netherlands are open for normal business;
“Consumer” means any
natural person not acting in the course of a profession or business (consument) that enters into an
Agreement with Valinsky via the Website;
“Agreement” means any agreement with respect to orders
placed for Products available on the Valinsky Website concluded between Valinsky and the Consumer via
the Valinsky Website
“DCC” means Dutch Civil Code (Burgerlijk Wetboek);
“Durable medium”
means any instrument, including email, which enables the Consumer to store information addressed to him
in a way accessible for future reference for a period of time adequate for the purposes of the
information, and which allows the unchanged reproduction of the information stored;
“VALINSKY
WATCHES” means the online website of Valinsky on the Valinsky Website, www.valinsky.nl;
“General Terms and Conditions” means these
General Terms and Conditions of Valinsky;
“Intellectual Property Rights” means all existing and
future intellectual property rights, subsisting anywhere in the world, whether registered or not
(including but not limited to all trademark rights, trade name rights, patent rights, copyrights,
database rights, design rights, and all trademarks, trade names, domain names, software, patents, works,
databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the
Products and the VALINSKY WATCHES;
“Parties” means Valinsky and the Consumer
collectively;“
“Product” means all goods Valinsky produces and/or sells under – inter alia – the
(trade)name ‘VALINSKY WATCHES’.
2. Applicability
2.1. These General Terms and Conditions apply to any Agreement
(and/or changes or additions thereto) for the sale and delivery of Products concluded through the
VALINSKY WATCHES Website to which Valinsky is a party and applies to the whole legal relationship
between the Parties. These General Terms and Conditions also apply to and form integral part of all
quotations and offers made by Valinsky and all acceptances, acknowledgements and confirmations by
Valinsky of any orders made by the Consumer.
2.2. By placing an order the Consumer agrees to be
bound by these General Terms and Conditions.
2.3. In the event that specific Product related
terms and conditions apply in addition to these General Terms and Conditions, those terms will be
explicitly specified in the offer of the specific Product and in the event of contradictory terms and
conditions, the Consumer may invoke the applicable condition that is most favourable to the
Consumer.
2.4. These General Terms and Conditions supersede any previous general terms and
conditions for the sale and delivery of Products concluded through the VALINSKY WATCHES
Website.
3. Offers and orders
3.1. The material on the Valinsky Website
is provided for general information only. Obvious errors or mistakes in the offer do not bind
Valinsky.
3.2. Valinsky will indicate on the Valinsky Website if an offer is of limited
duration.
3.3. An offer is subject to availability. If a Product is out of stock, despite
appearing on the VALINSKY WATCHES Website, Valinsky may cancel a confirmed order. In such event the
Consumer will be informed by email and any payments with respect to the order will be refunded.
4. The agreement
4.1. Subject to the provisions of these General Terms and
Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfilment of the
applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the
VALINSKY WATCHES Website. Promptly after receiving an order, Valinsky will send an automated email
confirming the receipt of the order.
4.2. Valinsky may obtain information – within statutory
frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as about facts and
factors that are important for the responsible conclusion of the Agreement.
4.3. Valinsky
reserves the right to reject or cancel an order, without being liable for any damages or costs in (among
others) the following situations:
- The Product is not available or the Product is out of stock;
- The order is flagged by Valinsky security systems as an unusual order or an order susceptible to fraud;
- The Consumer’s billing information is not correct or not verifiable;
- Valinsky has reason to believe the Consumer is a reseller;
- There was an error in the price displayed on the Valinsky Website;
- Valinsky cannot deliver to the shipping address provided by the Consumer.
In such event the Consumer will be informed by email and any payments with respect to the order will be
refunded.
5. Prices
- All prices quoted on the Valinsky Website are in Euros and include VAT (BTW).
- Valinsky reserves the right to change the prices quoted on the Valinsky Website without notice. Valinsky will not be liable to the Consumer or any third party for price changes.
Shipping and delivery rates are applied per order. All costs in connection with shipment import and
export duties and excise, as well as all other levies or taxes imposed or levied in respect of the
Product, the shipping and customs clearance shall be at the Consumer’s expense. Such costs or expenses
which have been paid by Valinsky, shall be charged to the Consumer.
6. Right of
withdrawal
6.1. The Consumer has the right to withdraw from the Agreement within 14
calendar days without giving any reason. The Consumer can either dissolve the agreement and receive a
refund or exchange the ordered Product. The withdrawal period will expire after 14 calendar days from
the day on which the Consumer (or a third party indicated by the Consumer other than the carrier)
acquires physical possession of the ordered Product. In the event that several Products of the same
order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on
which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical
possession of the last ordered Product.
6.2. Products that are not suitable for return due to
health protection or hygiene reasons (such as underwear, swimwear and pierced accessories) and/or sealed
Products that were unsealed after delivery cannot be returned or exchanged.
6.3. To exercise the
right of withdrawal, the Consumer must inform Valinsky of his decision to withdraw from the Agreement by
requesting a Return Merchandise Authorisation on the Valinsky Website or sending an email with an
unequivocal written statement to info@valinsky.nl.com
within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Consumer to
request a Return Merchandise Authorisation or send the unequivocal statement to Valinsky before the
withdrawal period has expired.
6.4. During the withdrawal period, the Consumer shall handle and
inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to
do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to
establish the nature, the characteristics and the functioning of the Product. The Consumer shall be
liable for any diminished value of the Product resulting from the handling other than what is necessary
to establish the nature, characteristics and functioning of the Product.
6.5 If the Consumer
exercises its right of withdrawal, the Consumer will return the Product to Valinsky at its own risk and
expense, by following the instructions on the Return Merchandise Authorisation, without undue delay and
in any event no later than 14 calendar days from the day on which the Consumer communicated his decision
to withdraw to Valinsky. This deadline is met if the Consumer sends back the Product before the
withdrawal period of 14 calendar days has expired. If the Consumer is located outside the European
Union, the Consumer shall declare the returned Product as “Returns and Repairs of Dutch Merchandise” on
the customs declaration.
6.6. The Consumer shall return the Product with all delivered
accessories and in the complete and original state and, to the extent possible, in its original
packaging. The risk and the burden of proof for the correct and timely exercise of the right of
withdrawal lies with the Consumer.
6.7 If the Consumer timely exercises its right of withdrawal, Valinsky will reimburse the relevant
payments received from the Consumer, including the costs of delivery and excluding the return costs,
without undue delay and in any event not later than 14 calendar days from the day on which Valinsky is
informed of the Consumer’s decision to withdraw from the Agreement. The return costs will be deducted
from the Consumer’s refund. In the event that the Consumer wishes to exchange the Product, no return
and/or additional delivery costs will be charged. Valinsky may withhold the reimbursement until Valinsky
has received the Product back, or until the Consumer has supplied adequate evidence of timely having
sent back the Product, whichever is earliest. Valinsky will carry out such reimbursement using the same
means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly
agreed otherwise.
7. Payment by the Consumer
7.1. Save as otherwise
provided in the Agreement or in applicable additional terms and conditions, the sums payable to Valinsky
will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
7.2.
Valinsky does not accept any other method of payment than the payment methods indicated on the Valinsky
Website. Valinsky may change these payment methods at any time. All actual costs of payment will be
passed on to the Consumer.
7.3. The Consumer has the duty to inform Valinsky of any inaccuracies
in payment data provided or stated.
8. Shipping and delivery
8.1. The
ordered Product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the
order. In the event that multiple orders with the same shipping address are placed by the Consumer,
these orders may be combined, unless otherwise requested by the Consumer. In such event the Products
will be shipped to the Consumer within 1-3 Business Days after the last order.
8.2. Instead of
having the order shipped and delivered, the Consumer can decide to collect the order from the physical
store in Almere. If the Consumer decides to do this, the Consumer should indicate accordingly when
placing the order with the VALINSKY WATCHES Website.
8.3. The shipping and delivery terms
indicated in these General Terms and Conditions, on the Valinsky Website or otherwise communicated by
Valinsky Store are indicative and not guaranteed. If Valinsky is unable to meet the (estimated) shipping
date, Valinsky will notify the Consumer accordingly. Valinsky shall not be liable for any damages and
costs arising out or in connection with delayed delivery.
8.4. Valinsky ships to shipping
addresses in the countries indicated on the Valinsky Website. Valinsky will deliver the Product at the
shipping address specified in the order of the Consumer.
8.5. If the shipping address is located
outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can
be lawfully imported.
8.6. Valinsky is authorised to engage third parties in the fulfilment of
its shipping and delivery obligations under the Agreement. All shipping services used by Valinsky
provide a tracking number.
8.7. Valinsky retains the full and unconditional ownership of the
ordered Product until the Product as well as all other claims of Valinsky vis-à-vis the Consumer are
paid in full (within the meaning of article 3:92 and 7:9 DCC). The Consumer shall in no event have a
right of retention with regard to the Product. Valinsky is entitled to repossess the Product if the
Consumer fails to fulfil any of its obligations under the Agreement and/or if Valinsky infers from the
Consumer’s behaviour or communication that the Consumer will fail to fulfil any of its obligations under
the Agreement.
8.8. All risks in connection with the Product shall pass to the Consumer when the
Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer
refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the
actual costs of shipping the Product back to Valinsky.
9. Complaints
9.1.
Valinsky wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods
(as stipulated in article 7:17 DCC). The Consumer is obliged to closely examine the delivered Product
upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier)
acquires physical possession of the Product.
9.2. The Consumer shall inform Valinsky of any
complaints about defects and/or non-compliance with the specifications of the delivered Product,
including but not limited to complaints in respect of visible defects and/or damages of the Product
and/or the colour of the Product. Any complaints shall be sent in writing to the following email
address: info@valinsky.nl. The email shall contain a clear description of the complaint, the Consumer’s
name, the order number included in the order confirmation and the article number of the Product and
shall be sent within a reasonable time after the discovery of the defects, but in any case no later than
two (2) months after the discovery of the defects.
9.3. Complaints submitted to Valinsky will be
replied within a period of five (5) Business Days, from the date of receipt of the complaint. The
Consumer shall give Valinsky all such assistance as Valinsky may require for the purpose of examining
the complaint. Valinsky is only obliged to take complaints into consideration, if Valinsky is given the
opportunity to verify the complaint.
9.4. In the event of a timely, correct and justified
complaint in accordance with this clause 10, the Consumer shall be entitled to either replacement or
repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of
the Product.
9.5. The Consumer shall return the defective or non-conforming Product in its
entirety to Valinsky. The defective or non-conforming Product shall become Valinsky property as soon as
it has been replaced or credited.
9.6. A complaint that does not meet the requirements set out in
this clause 10, shall not be taken into consideration by Valinsky, the Product shall be deemed to have
no defects and conform to the specifications and does not release the Consumer from any of its
obligations under the Agreement.
10. Liability
10.1. Valinsky shall in no
event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the
Agreement, the sale of any Products by Valinsky or the use thereof by the Consumer, whether or not such
damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is
caused by intent or wilful recklessness of Valinsky.
10.2. Notwithstanding anything to the
contrary in the Agreement or these General Terms and Conditions, any aggregate liability of Valinsky to
the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any
theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise,
shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by
intent or wilful recklessness by Valinsky or its managerial staff).
11. Intellectual
property rights
11.1. All Intellectual Property Rights shall remain the exclusive
property of Valinsky or its licensors. The Consumer acknowledges that it has no right, title or interest
in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third
parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to
third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
11.2.
The Consumer shall not copy any Products or (any part of) the Valinsky Website, nor (otherwise) use any
Intellectual Property Rights, without Valinsky’ prior written approval. The Consumer shall not cause or
permit anything to be done which may damage or cause detriment to the Intellectual Property Rights,
including but not limited to their validity, distinctive character and/or reputation.
11.3.
Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any
license or granting any rights to the Consumer regarding any Intellectual Property
Rights.
12. Privacy
Valinsky will process personal details of the
Consumer in accordance with the privacy statement published on the Valinsky Website.
13.
Availability of the VALINSKY WATCHES Website
Valinsky does not guarantee that the
Valinsky Website, or any content on it, will always be available or that access will always be
uninterrupted. Access to the Valinsky Website is permitted on a temporary basis. Valinsky reserves the
right to suspend, withdraw, discontinue or alter all or any part of the Valinsky Website at any time as
it sees fit without notice. Valinsky shall not be liable for any reason due to which the Valinsky
Website is unavailable at any time or for any period.
14.
Miscellaneous
14.1. The invalidity or unenforceability of any provision of these
General Terms and Conditions shall not affect the validity or enforceability of any other provision of
these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be
deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation
of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable
provision.
14.2. Valinsky reserves the right to unilaterally amend these General Terms and
Conditions at any time. In the event that the General Terms and Conditions have been amended, Valinsky
will give a notice of this by stating on the Valinsky Website that the General Terms and Conditions have
been amended, thereby indicating the date of such amendments.
- Valinsky may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer’s rights and obligations.
- The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from Valinsky.
15. Governing law and jurisdiction
15.1. These
General Terms and Conditions and any Agreement shall be exclusively governed by and construed in
accordance with the laws of the Netherlands, excluding (i) any conflict of law rules under Dutch private
international law and (ii) the applicability of the United Nations Convention on Contracts for the
International Sale of Good (Vienna Convention of 1980).
15.2. The competent court in the
Netherlands, shall have exclusive jurisdiction to settle any dispute arising out of or in connection
with these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal
(hoger beroep) and that of appeal to the Supreme Court (cassatie).