Terms & Conditions

Terms & Condition Kievit Classics
E-mail: info@kievitclassics.nl
Website: www.kievitclassics.nl

Article 1 - Definitions

  1. Kievit Classics: Kievit Classics, established in The Hague, KvK number 91892775.
  2. Customer: the person with whom Kievit Classics has entered into an agreement.
  3. Parties: Kievit Classics and Customer together.
  4. Consumer: a Customer who is also an individual acting as a private person.

Article 2 - Applicability

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements
    and deliveries of services or products by or on behalf of Kievit Classics.
  2. Kievit Classics and the Customer may deviate from these terms and conditions only if
    agreed in writing.
  3. Kievit Classics and the Customer expressly exclude the applicability of the general terms
    and conditions of the Customer or others.

Article 3 - Prices

  1. Kievit Classics applies prices in Euros, including VAT and excluding any other costs such as
    administration or shipping costs, unless otherwise agreed in writing.
  2. Kievit Classics may change the prices of its services and products on its website and in
    other communications at any time.
  3. Increases in cost prices of products or parts thereof, which Kievit Classics could not
    foresee at the time of making the offer or entering into the agreement, may result in
    price increases.
  4. The consumer has the right to cancel an agreement because of a price increase in
    paragraph 3, unless the increase is the result of a statutory regulation.

Article 4 - Samples and models

  1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has beenagreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and term of payment

  1. Payment shall be made via the payment methods offered during the ordering process.

Article 6 - Right of complaint

  1. When the Customer is in default, Kievit Classics may invoke the right of complaint with
    respect to the unpaid products delivered to the Customer.
  2. Kievit Classics exercises its right of complaint by a written or electronic communication to
    the Customer.
  3. As soon as the Customer has been notified of the invoked right of complaint, the
    Customer must immediately return the relevant products to Kievit Classics, unless
    otherwise agreed in writing.
  4. The Customer shall pay the costs for taking back or bringing back the products in
    paragraph 3.

Article 7 - Right of withdrawal

  1. The customer has the right to return the order within 14 days of receipt.
  2. Returns must be undamaged, unworn and in original packaging.
  3. The seal of the watch must not be broken. The watch may be viewed, but not worn.
  4. Costs for return shipments are to be borne by the customer, unless otherwise agreed.
  5. In case of return the customer should contact info@kievitclassics.nl.

Article 8 - Right of retention

  1. Kievit Classics may exercise its right of retention and in that case retain products of the
    Customer until the Customer has paid all outstanding bills of Kievit Classics, unless the
    Customer has provided adequate security for those costs.
  2. The right of retention also applies on the basis of previous agreements under which the
    Customer has yet to pay money to Kievit Classics.
  3. Kievit Classics is not liable for any damage suffered by the Customer due to the use of its
    right of retention.

Article 9 - Retention of title

  1. Kievit Classics remains owner of all products delivered until the Customer has paid all
    outstanding invoices of Kievit Classics with respect to an underlying agreement, including
    claims due to default.
  2. Until such time in paragraph 1, Kievit Classics may exercise its retention of title and
    repossess the goods.
  3. Before ownership has passed to the Customer, the Customer may not pledge, sell,
    dispose of or otherwise encumber the products.
  4. When Kievit Classics makes use of its retention of title, the agreement is thereby undone
    and Kievit Classics may claim damages, lost profits and interest from the Customer.

Article 10 - Retention

  1. If the Customer does not take delivery of ordered products until later than the agreed
    delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any additional costs resulting from premature or delayed acceptance of products shall be
    borne entirely by the Customer.

Article 11 - Warranty

  1. The warranty on products applies only to defects caused by faulty manufacture or
    construction or faulty material.
  2. The warranty does not apply
    a. in the case of normal wear and tear
    b. for damage caused by accidents
    c. for damage resulting from modifications made to the product
    d. for damage caused by negligence or improper use by the Customer
    e. if the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the moment when they are legally and/or actually delivered, or at least come under the control of the Customer or of a third party who takes delivery of the product on behalf of the Customer.
  4. A warranty period of 12 months applies to the delivered products.
  5. All watches are checked and if necessary serviced before shipment. Should something still be faulty, there is a 12 months warranty on the watches.
  6. Shipping costs for warranty cases are the responsibility of the buyer. Damage or loss during such transportation is at your own risk
  7. Warranty takes effect from the day that the track & trace indicates that the watch has arrived.

Article 12 - Indemnification

  1. The customer indemnifies Kievit Classics against all claims of others related to the
    products and/or services provided by Kievit Classics.

Article 13 - Complaints

  1. The Customer must examine a product delivered or service rendered by Kievit Classics for any shortcomings as soon as possible.
  2. If a delivered product or service does not meet the reasonable expectations of the
    Customer, the Customer must notify Kievit Classics within 1 month after discovering the shortcoming.
  3. A consumer must notify Kievit Classics at the latest within 2 months after establishing the shortcoming.
  4. The Customer will give as detailed a description as possible of the shortcoming, so that Kievit Classics can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Kievit Classics.
  6. When a complaint concerns work in progress, the Customer cannot demand that Kievit Classics will perform work other than that agreed upon.

Article 14 - Notice of default

  1. The Customer must notify Kievit Classics in writing of any notice of default.
  2. The Customer is responsible for ensuring that his notice of default actually reaches Kievit Classics in time.

Article 15 - Liability of Customer

  1. When Kievit Classics enters into an agreement with several Customers, each of them is jointly and severally liable for the fulfillment of the agreements in that agreement.

Article 16 - Liability of Kievit Classics

  1. Kievit Classics is only liable for damage suffered by the Customer when such damage is caused by intent or deliberate recklessness.
  2. If Kievit Classics is liable for damage, this applies only to direct damage related to the performance of an underlying agreement.
  3. Kievit Classics is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
  4. If Kievit Classics is liable, such liability will be limited to the amount paid out by a concluded (professional) liability insurance policy. If no insurance is taken out or no compensation is paid, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, dissolution or suspension.

Article 17 - Expiry period

  1. Any right of the Customer to compensation from Kievit Classics expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 BW.

Article 18 - Dissolution

  1. The Customer may rescind the contract if Kievit Classics imputably fails to fulfill its obligations, unless such failure does not justify the rescission because of its special nature or minor importance.
  2. If fulfillment of the obligations by Kievit Classics is still possible, dissolution may only take place after Kievit Classics is in default.
  3. Kievit Classics may rescind the agreement with the Customer if the Customer fails to fulfill his obligations under the agreement in full or in a timely manner, or if Kievit Classics has knowledge of circumstances that give him good reason to believe that the Customer will not fulfill his obligations.

Article 19 - Force majeure

  1. In addition to article 6:75 BW, a shortcoming of Kievit Classics by the Customer cannot be attributed to Kievit Classics in case of force majeure.
  2. The force majeure situation in paragraph 1 includes, inter alia:
    a. a state of emergency such as civil war or natural disaster
    b. default or force majeure of suppliers, deliverers or others
    c. power, electricity, internet, computer or telecom failures
    d. computer viruses
    e. strikes
    f. government measures
    g. transport problems
    h. adverse weather conditions
    i. work interruptions
  3. If a force majeure situation arises as a result of which Kievit Classics cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until Kievit Classics can fulfill them.
  4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and Kievit Classics may cancel the agreement in writing in whole or in part.
  5. Kievit Classics does not have to pay any compensation to the Customer in a force majeure situation, even if Kievit Classics benefits from this.

Article 20 - Amendment of agreement

  1. When it is necessary for the performance to modify a concluded agreement, the Customer and Kievit Classics may modify the agreement.

Article 21 - Amendment of general terms and conditions

  1. Kievit Classics may amend these general terms and conditions.
  2. Amendments of minor importance Kievit Classics may always implement.
  3. Kievit Classics will discuss major changes with the Customer in advance whenever possible.
  4. A consumer may cancel the underlying agreement in case of a drastic change of the general conditions.

Article 22 - Transfer of rights

  1. The Customer may not transfer any rights from an agreement with Kievit Classics to others without the written consent of Kievit Classics.
  2. This provision applies as a clause with property law effect as in article 3:83 paragraph 2 BW.

Article 23 - Consequences of nullity or voidability

  1. If one or more provisions of these general conditions prove to be void or voidable, this will not affect the other provisions of these conditions.
  2. A provision that is void or voidable will be replaced by a provision that comes closest to what Kievit Classics had in mind when drafting the conditions.
  3. Article 24 - Applicable law and competent court
  4. These general terms and conditions and any underlying agreement between the
    Customer and Kievit Classics shall be governed by Dutch law.
  5. The court in the district of the place of business of Kievit Classics has exclusive
    jurisdiction to take cognizance of any disputes between the Customer and Kievit Classics, unless the law provides otherwise.
Retrieved 26th of March, 2024.