ARTICLE 1. APPLICABILITY
1.1
These general sales and delivery conditions apply to all offers, orders and agreements of Xelor Watches, to the exclusion of any other general terms and conditions.
1.2
Accepting an offer or placing an order means that you accept the applicability of these conditions.
1.3
The provisions of these terms and conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4
All rights and claims, such as in these terms and conditions and in any further agreements for Xelor Watches, are also stipulated for the benefit of intermediaries and other third parties engaged by Xelor Watches.
ARTICLE 2. OFFERS / AGREEMENTS
2.1
All offers from Xelor Watches are without obligation and JXelor Watches expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2
An agreement is only concluded after acceptance of your order by Xelor Watches. Xelor Watches is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Xelor Watches will communicate this within five (5) working days after receipt of the order.
2.3
Products which are ordered specifically for the customer and which are not listed as such on our site, are offered with an indication of a purchase obligation. By ordering these products, you declare that you waive the right of return.
ARTICLE 3. PRICES AND PAYMENTS
3.1
Payment must be made online or by prepayment, unless otherwise agreed in writing, but no later than eight (8) days after the invoice or order date.
3.2
When paying in advance by bank or giro, the date of payment is the date of crediting the giro or bank account of Xelor Watches.
3.3
If the payment term is exceeded, you will be in default from the day that payment should have been made and from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment takes place after a reminder by Xelor Watches, you owe an amount of twenty euros (€ 20) in administration costs and if Xelor Watches outsources its claim for collection, you also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the authority of Xelor Watches to instead claim the extrajudicial collection costs actually incurred.
3.4
If you are in default of any payment, Xelor Watches is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.5
If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Xelor Watches.
ARTICLE 4. DELIVERY
4.1
The delivery times stated by Xelor Watches are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order
to dissolve the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement to the extent necessary.
4.2
Cancellation of orders is only possible after written confirmation from Xelor Watches. In the event of cancellation of the order by the customer, if the package has already been sent to the customer and is not collected by him / her, the shipping costs incurred will be recovered from the customer. If the package has not yet been sent, cancellation of the order is free of charge, unless article 2.3 applies.
4.3
The delivery of the products takes place at the place and time when the products are ready for shipment to you.
ARTICLE 5. RESERVATION OF OWNERSHIP
5.1
The ownership of the delivered products is only transferred when you have paid everything you owe Xelor Watches under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
ARTICLE 6. COMPLAINTS AND LIABILITY
6.1
You have the obligation to check on delivery whether the products meet the agreement. If this is not the case, you must inform Xelor Watches of this as soon as possible and in any case within three (3) days after delivery, at least after observation was reasonably possible, in writing and with reasons.
6.2
If it is shown that the products do not comply with the agreement, Xelor Watches has the choice to replace the products in question by returning them with new products or to refund the invoice value excluding any shipping costs thereof.
6.3
If you do not wish to purchase a product for whatever reason, you have the right to return the product to Xelor Watches within seven (7) days after delivery. In this case, returns will only be accepted if the product and the original packaging are undamaged, which also applies
the costs for return shipments are for your account.
ARTICLE 7. ORDERS / COMMUNICATIONS
7.1
For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and Xelor Watches, or between Xelor Watches and third parties, insofar as it relates to the relationship between you and Xelor Watches, Xelor Watches is not liable, unless and insofar as there is intent or gross negligence on the part of Xelor Watches
ARTICLE 8. FORCE MAJEURE
8.1
Without prejudice to its other rights, Xelor Watches has the right, in the event of force majeure, to suspend the execution of your order, at its option, or to dissolve the agreement without judicial intervention, by notifying you in writing and This without Xelor Watches being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
8.2
Force majeure is understood to mean any shortcoming that cannot be attributed to Xelor Watches and the intermediaries and third parties engaged by it, because it is not attributable to its fault and cannot be attributed to it by law, legal act or generally accepted views.
ARTICLE 9. MISCELLANEOUS
9.1
If one or more of the provisions of these terms and conditions or any other agreement with Xelor Watches should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable to be determined by Xelor Watches. determination.
9.2
Xelor Watches is authorized to make use of third parties in the execution of your order (s).
ARTICLE 10. APPLICABLE LAW AND COMPETENT COURT
10.1
All rights, obligations, offers, orders and agreements to which these terms and conditions apply, are exclusively governed by Dutch law.
10.2
All disputes between parties will be submitted exclusively to the competent court in the Netherlands.