Terms & conditions

Van Adel Watches (hereinafter Van Adel) has registered the firm with the Chamber of Commerce in Amsterdam.

Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:

1. Offer: Any written Offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are bound inextricably.
2. Buyer: The natural person who is not acting in the exercise of a profession or business who enters into a (distance) Agreement with the Seller.
3. Agreement: The (distance) Purchase Agreement that extends to the sale and delivery of Products purchased by the Buyer from Van Adel.
4. Products: The Products offered by Van Adel are luxury watches.
5. Seller: The supplier of Products to the Buyer, hereinafter: Van Adel.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer by Van Adel every Agreement between Van Adel and a Buyer and every Product offered by Van Adel.
2. Before an Agreement is concluded (remotely), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Van Adel will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case have been published on the Van Adel website, so that the Buyer can easily store these general terms and conditions on a durable medium.
3. In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with Van Adel.
4. These general terms and conditions also apply to additional, amended, and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are explicitly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force and the null and void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation, or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to him/her in these general terms and conditions, this should also be understood as a reference to he/his/she/hers, if and insofar as applicable.

Van Adel

1. All Offers made by Van Adel are without obligation unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer. There is only an Offer if it has been laid down in writing.
2. The Offer made by Van Adel is without obligation. Van Adel is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless, Van Adel has the right to refuse an Agreement with a potential Buyer for a valid reason for Van Adel.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed in such a way that the Buyer can make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Van Adel. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (at a distance). Van Adel cannot guarantee that the colors in the image exactly match the true colors of the Product.
4. Delivery times and periods stated in the Van Adel Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded unless explicitly agreed otherwise.
5. A composite quotation does not oblige Van Adel to deliver part of the goods included in the Offer at part of the stated price.
6. If and insofar as there is an Offer, this does not automatically apply to repeat orders. Offers are only valid until stock lasts, and according to the while-supplies-last principle.

Article 4 – Establishment of the Agreement

1. The Agreement is concluded the moment the Buyer has accepted an Offer from Van Adel by paying for the relevant Product.
2. An Offer can be made by Van Adel via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Van Adel, Van Adel will confirm the Agreement with the Buyer in writing, or at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Van Adel is not bound by it.
5. Van Adel is not bound by an Offer if the Buyer could reasonably have expected or should have understood the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
6. The Buyer has the right to assert its right of withdrawal within the legal term. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and operation of the Product. The direct costs for returning the Product are at the expense of the Buyer.
7. Products that cannot be taken back due to hygiene reasons or customization are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 – Implementation of the Agreement

1. Van Adel will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, Van Adel has the right to have certain activities performed by Third Parties at its own discretion.
3. The Buyer ensures that all information, of which Van Adel indicates that it is necessary or of which the Buyer should reasonably understand that it is necessary for the execution of the Agreement, is provided to Van Adel promptly. If the information required for the execution of the Agreement is not provided to Van Adel in time, Van Adel has the right to suspend the execution of the Agreement.
4. In the performance of the Agreement, Van Adel is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Van Adel, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Van Adel may require assurance from the Buyer or full payment in advance before proceeding to implement the Agreement.
6. Van Adel is not liable for damage, of whatever nature, that has arisen when Van Adel relied on information provided by the Buyer that appears to be incorrect and/or incomplete unless Van Adel was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies Van Adel against any claims from Third Parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

1. If the commencement, progress, or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in time, does not sufficiently cooperate, the (down) payment has not been received by Van Adel on time or by in other circumstances beyond the control of Van Adel any delay occurs, Van Adel is entitled to a reasonable extension of the delivery/completion period. All agreed delivery terms are never strict deadlines. The Buyer must give Van Adel a written notice of default and allow it a reasonable period to still be able to deliver. The Buyer is not entitled to any compensation due to the delay that has arisen.
2. The Buyer is obliged to take delivery of the goods at the time when they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses or fails to provide information or instructions necessary for delivery, Van Adel is entitled to store the goods at the Buyer’s expense and risk.
4. If the Products are delivered by Van Adel or an external carrier, Van Adel is entitled to charge any delivery costs, unless otherwise agreed in writing. There are no delivery costs in Europe. Outside Europe, the delivery costs will be invoiced separately unless explicitly agreed otherwise.
5. If Van Adel requires data from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all the data necessary for the execution available to Van Adel.
6. If Van Adel has stated a term for delivery, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.
7. Van Adel is entitled to deliver the goods in parts unless this has deviated from an Agreement or the partial delivery has no independent value. Van Adel is entitled to invoice the thus delivered separately.
8. Deliveries are only made if all invoices have been paid unless explicitly agreed otherwise. Van Adel reserves the right to refuse delivery if there are well-founded fears of non-payment.

Article 7 – Packaging and Transport

1. Van Adel undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
3. Accepting goods without any comments or remarks on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, Complaints

1. The Buyer is obliged to inspect 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 he/she keeps the Product. In doing so, the Buyer must investigate 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 (trade) traffic.
2. The Buyer is obliged to investigate and inform itself in what way the Product is to be used and, in case of personal use, to test the Product under the instructions for use. Van Adel accepts no liability for the incorrect use of the Product by the Buyer.
3. Any visible defects or shortages must be reported in writing to Van Adel after delivery at support@vanadelwatches.com. The Buyer has a period of 14 days after delivery for this. Invisible 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 Buyer himself, the Buyer himself is liable for any depreciation of the Product.
4. Before the return takes place, the Buyer must provide photos and a description of the damage concerned. If at the sole discretion of Van Adel, it appears that the damage is covered by the warranty, this will be handled (free of charge) under the warranty conditions.
5. If a complaint is made in time according to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Van Adel in the manner indicated by Van Adel.
6. If the Buyer uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in their original condition and packaging to Van Adel, under Van Adel’s return instructions. The direct costs for return shipments are at the expense and risk of the Buyer.
7. Van Adel is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement is made.
8. Refunds to the Buyer will be processed as soon as possible, but payment can take up to 30 days after receipt of the returned shipment. Refunds will be made to the previously specified account number.
9. If the Seller exercises its right of complaint, it has no right to suspend its payment obligation or to set off outstanding invoices.
10. In the absence of complete delivery, and/or if one or more Products are missing, and this can be attributed to Van Adel, Van Adel will send the missing Product(s), or cancel the remaining order following a request from the Buyer. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from Van Adel.

Article 9 – Prices

1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except if there are changes in VAT rates.
2. The prices stated in the Offer include VAT unless explicitly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as the import and export duties, freight and unloading costs, insurance, and any levies and taxes.
4. In the event of Products or raw materials of which there are price fluctuations on the financial market and which are not affected by Van Adel, Van Adel can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 – Payment and Collection Policy

1. Payment should preferably be made in advance in the currency in which the invoice is made via the indicated method.
2. The Buyer cannot derive any rights or expectations from a previously issued budget unless the parties have explicitly agreed otherwise.
3. The Buyer must make a direct payment to the disclosed account number and data of Van Adel. Parties can only agree on a different payment term after explicit and written permission from Van Adel.
4. If a periodic payment obligation of the Buyer has been agreed upon, Van Adel is entitled to adjust the applicable prices and rates in writing, with due observance of a period of 3 months.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the Buyer, the claims of Van Adel on the Buyer are immediately due and payable.
6. Van Adel has the right to have the payments made by the Buyer extended in the first place to deduct the costs, then to deduct the interest that has arisen, and finally to deduct the principal sum and the current interest. Van Adel can, without being in default, refuse an offer for payment if the Buyer indicates a different order for the allocation. Van Adel can refuse full repayment of the principal sum, if the accrued interest, as well as the costs, are not also paid.
7. The Buyer will first receive a written notice with a term of 14 days after the date of the notice to still comply with the payment obligation, including a statement of the extrajudicial costs if the Buyer does not fulfill his obligations within that period before he/she is in default.
8. From the date that the Buyer is in default, Van Adel will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs under Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on ‘compensation for extrajudicial collection costs’ of 1 July 2012.
9. If Van Adel has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.

Article 11 – Retention of Title

1. All goods delivered by Van Adel remain the property of Van Adel until the Buyer has fulfilled all of the following obligations from all Agreements concluded with Van Adel.
2. The Buyer is not authorized to pledge or encumber in any other way the goods subject to retention of title if ownership has not yet been transferred in full.
3. If Third Parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform Van Adel of this as soon as may reasonably be expected.
4. If Van Adel wishes to exercise its property rights as indicated in this article, the Buyer gives unconditional and irrevocable permission and authorization to Van Adel or Third Parties to be designated by it to enter all those places where the properties of Van Adel remain and to take back those items.
5. Van Adel has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or issue Van Adel. After the Buyer has still fulfilled its obligations, Van Adel will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.
6. Costs and other (consequential) damage as a result of keeping the purchased Products in their possession are at the expense and risk of the Buyer and will be reimbursed to Van Adel by the Buyer upon the first request.

Article 12 – Warranty

1. Van Adel guarantees that the Products comply with the Agreement, the specifications stated in the Offer, usability and/or reliability, and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use in writing at the time of entering into the Agreement.
2. The warranty of a Van Adel Product is valid for twenty-four (24) months from the date of purchase. After the warranty period has expired, all repairs will be charged.
3. If the Product is returned during the warranty period, Van Adel will, upon receipt of the Product, and the ‘Certificate of Authenticity’, repair or replace the defective Product or Product part within a reasonable period at no additional cost. However, the costs of shipping the Product are at the expense and risk of the Buyer.
4. The warranty on the Product lapses if one of the following applies:

• in case of incorrect use of the Product;
• when the Product is opened (watch);
• in case of water damage (except for waterproof watch);
• if the watch battery has been removed or replaced by yourself.

1. The following parts are excluded from the warranty: battery (if used) (it is covered by warranty up to 1 year after purchase), damaged or broken glass, damaged or lost gems (it is covered by warranty up to 3 months after purchase).
2. Van Adel only accepts warranty claims when accompanied by official documentation.

Article 13 – User Instructions Products

1. The Buyer of Products must follow the regulations and instructions of Van Adel.
2. The Buyer must keep the Products carefully. If applicable, the Products must be stored in the packaging supplied.
3. In connection with the materials, the Buyer must not swim, shower, play sports, and/or sleep with Products unless a specific description has been made for this type of use. The Buyer must also take into account (harmful) substances from make-up, perfume, care, and cleaning products that can affect damage, and/or cause discoloration to the Products. If the Buyer carries the Products in these situations, the Products may lose color, be damaged, or otherwise be affected. In none of these cases is the Buyer entitled to free repair or repair and the warranty will lapse.
4. The Buyer and third parties must refrain from adjusting and/or repairing Products themselves.
5. The Buyer is more likely to cause discoloration of Products as a result of a higher acidity (naturally or through alcohol or medication use) of his/her skin. Van Adel is in no way liable for this.

Article 14 – Suspension and Dissolution

1. Van Adel is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, Van Adel is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not comply in time or properly with the obligations arising for him from any Agreement with Van Adel.
3. Furthermore, Van Adel is authorized to dissolve the Agreement or have it dissolved without prior notice of default if circumstances arise that are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if otherwise, circumstances arise of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of Van Adel on the Buyer are immediately due and payable. When Van Adel suspends fulfillment of its obligations, it retains its rights under the law and Agreement.
5. Van Adel always reserves the right to claim compensation.

Article 15 – Limitation of Liability

1. If the execution of the Agreement by Van Adel leads to the liability of Van Adel towards the Buyer or Third Parties, that liability is limited to the costs charged by Van Adel in connection with the Agreement unless the damage has arisen due to intent or gross debt. Van Adel’s liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
2. Van Adel is not liable for consequential damage, indirect damage, loss of profit and/or suffered loss, missed savings, and damage as a result of the use of the delivered Products are excluded. Consumers are subject to a restriction under what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Van Adel is not liable for and/or obliged to repair damage caused by the use of the Product. Van Adel supplies strict maintenance and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, usage damage, drop damage, light and water damage, theft, loss, etc.).
4. Van Adel is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Van Adel is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
6. Van Adel does not guarantee the correct and complete transmission of the content of an e-mail sent by, on behalf of Van Adel, nor the timely receipt thereof.
7. All claims of the Buyer due to shortcomings on the part of Van Adel lapse if they have not been reported to Van Adel in writing and with reasons within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer lapse, in any case, one year after the termination of the Agreement.

Article 16 – Force Majeure

1. Van Adel is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not is attributable to her fault and is not responsible for her account under the law, legal act or generally accepted standards.
2. Force majeure is in any case understood, but is not limited to what is regarded in this respect in law and jurisprudence, (i) force majeure of suppliers of Van Adel, (ii) failure to properly fulfill obligations of suppliers made by the Buyer prescribed or recommended to Van Adel, (iii) defectiveness of goods, equipment, software or materials of Third Parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example by cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes at Van Adel’s company and (xi) other situations that Van Adel believes are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.
3. Van Adel has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Van Adel should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
5. Insofar as Van Adel at the time of the commencement of force majeure has fulfilled or will be able to fulfill its obligations under the Agreement in part, and the part fulfilled or to be fulfilled respectively has independent value, Van Adel is entitled to revoke the already fulfilled or after the part to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 – Transfer of Risk

The risk of loss or damage to the Product(s) that are the subject of the Agreement will pass to the Buyer if the Products have been provided in the Buyer’s control. This is the case if the Products have been delivered to the delivery address of the Buyer.

Article 18 – Intellectual Property Rights

1. All intellectual property rights and copyrights of Van Adel rest exclusively with Van Adel and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or multiplying, modifying, or making available to Third Parties all documents on which the intellectual property rights, copyrights, patent rights, and trade name rights of Van Adel rest without the express prior written permission of Van Adel. If the Buyer wishes to make changes to the goods delivered by Van Adel, Van Adel must explicitly agree to the intended changes. Please note the following trademarks:

• Van Adel Brand Monogram Logo

1. The Buyer is prohibited from using the Products on which Van Adel’s intellectual property rights rest other than as agreed in the Agreement.
2. In the event of a breach by the Buyer, the Buyer will owe Van Adel an immediately payable fine of € 30.000,-, plus a fine of € 100,- for each day that the breach continues, up to a maximum of € 5.000,- EURO. Van Adel is entitled to demand additional compensation if the damage exceeds the fine.

Article 19 – Privacy, Data Processing, and Security             

1. Van Adel handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Van Adel will inform the person concerned about this.
2. If Van Adel is required to provide security of information based on the Agreement, this security will comply with the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 20 – Complaints

1. If the Buyer is not satisfied with the Products of Van Adel and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 2 months after the relevant reason that has led to a complaint. Complaints can be reported via support@vanadelwatches.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer if Van Adel is to be able to process the complaint.
3. Van Adel will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to find a solution together.

Article 21 – Applicable Law

1. Dutch law applies to every Agreement between Van Adel and Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and scope of these general terms and conditions, Dutch law will always be decisive. However, Van Adel has the right to change these general terms and conditions unilaterally.
3. All disputes arising from or in connection with the Agreement between Van Adel and the Buyer will be settled by the competent court of the Amsterdam District Court unless mandatory provisions of law lead to the jurisdiction of another court.

Amsterdam, August 10, 2024