12 December 2023

THERMS AND CONDITIONS OF SALE

ARTICLE 1 DEFINITIONS
General Terms and Conditions:
Messink Watches general online and offline sales, delivery, repair, and payment conditions.

Consumer:
Any natural persons who is not practising a profession or running a business (consumption), who enters into an agreement with Messink Watches.

Customer:
The Consumer or any other customer who places an order with Messink Watches, requests a quotation, or places an order online or offline.

Product:
All goods which Messink Watches produces and/or sells under the name or trade name of Messink Watches

Online Purchases:
orders and purchases carried out via the Messink Watches Online Platform/Online Store.

Online Platform/Online Store:
The online platform/online store on the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl.

ARTICLE 2 SCOPE OF APPLICATION
2.1
These Terms and Conditions, to the exclusion of any other general terms and conditions, apply to any offers, quotations, online and offline orders, and agreements between Messink Watches and a Customer to the extent that the parties do not deviate from these Terms and Conditions expressly in writing.

2.2
By accepting an offer or quotation or placing an order through the Online Platform/Online Store, the Customer accepts the applicability of these General Terms and Conditions.

ARTICLE 3 OFFERS, QUOTATIONS, AND FORMATION OF THE AGREEMENT
3.1
All offers and quotations, regardless of the way they are made, are subject to confirmation without obligation. The information provided on the Website or in the physical shop is for general information purposes only.

3.2
Messink Watches cannot be held to its offers or quotations if the Customer should reasonably have understood that the offers or quotations, or parts of them, contained a manifest mistake or clerical error.

3.3
The Customer accepts a quotation by placing an order in the shop or via the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Online Platform/Online Store.

3.4
Offers are subject to availability. If a Product is not in stock, even though it is on the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Online Platform/Online Store Messink  Watches may cancel a confirmed order. In that case, the Customer will be informed by e-mail and any payments made related to the order will be refunded.

3.5
Messink Watches is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stipulated otherwise. If an order is not accepted, Messink Watches will inform the Customer within five (5) working days after receipt of the order. Messink Watches reserves the right to refuse or cancel an order, without being liable for any damages or costs in the following situations, among others: − the Product is not available or the Product is out of stock; − Messink Watches has reason to believe that an order is an unusual order or a fraudulent order; − the Customer’s invoice information is not correct or not verifiable; − there is an error in the price shown on the Messink Watches website; − Messink Watches cannot deliver to the shipping address provided by the Customer. In that case, the Customer will be informed by e-mail and any payments made related to the order will be refunded.

ARTICLE 4 PRICE

4.1
Quotations are always made based on the cost price factors valid at the time of purchase and/or order, such as raw material prices, repair rates, excise duties, etc.

4.2
If any of the cost price factors increases after the date on which the agreement is concluded – even if this occurs because of foreseeable circumstances –Messink Watches is entitled to raise the agreed price accordingly. Messink Watches will inform the Customer of this.

4.3
Messink Watches reserves the right to change prices if it is necessary under statutory and other regulations.

4.4
Prices in the shop and on the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Online Platform/Online Store are denominated in euros (VAT or Margin see advertisement for each individual watch) 

ARTICLE 5 PAYMENT
5.1
The amount due to Messink Watches must be paid to the bank account from Messink Watches 

5.2
All payments must be made in the shop, by bank transfer based on a quotation or invoice.

5.3
If the Customer fails to pay within the agreed period, he/she will be deemed to be legally in default and Messink Watches will have the right, without any notice of default, to charge interest from the due date at 4% above the promissory note discount rate of De Nederlandsche Bank and to charge all judicial and extrajudicial costs incurred in the collection of its claim. If the payment is not made, Messink Watches reserves the right to cancel the order. In that case, Messink Watches cannot be held liable for any costs and/or damages incurred by the Customer.

ARTICLE 6 DELIVERY
6.1
With respect to purchases in Messink Watches physical shop, delivery is done by placing the goods at the disposal of the shop or workshop or at the agreed location. The costs of shipment may be charged to the Customer. The risk of shipment of goods purchased in Messink Watches shop to Customers/buyers residing or established abroad will be for the Customer’s account and risk. Messink Watches is obliged to use a professional carrier/transporter. Messink Watches liability for any damage, loss, or destruction of the goods is excluded. In any case, the liability for damages is capped at the compensation that Messink Watches obtains from the carrier/transporter it engages.

6.2
With respect to online purchases, the shipping and delivery charges are set per order. The Customer bears all costs related to shipping, import and export duties and excise duties, as well as all other levies or taxes levied for the Product. Messink Watches is not responsible nor liable for the declaration and/or payment of import and export duties, excise duties, and/or taxes. Messink Watches will deliver the Product to the shipping address specified on the Customer’s order.

6.3
Messink Watches is entitled to engage third parties for the fulfilment of its shipping and delivery obligations under the agreement.

6.4
Instead of having an online order shipped and delivered, the Customer may choose to pick up the order at Messink Watches physical shop. If the Customer decides to do so, he/she must indicate this when placing the order on the www.messinkwatches.com online platform/online store.

6.5
With respect to the delivery time, the Product will be deemed to have been delivered when it is available for transfer of ownership to the Customer, or at least can be placed under the Customer’s control, and is ready, and the Customer has been notified accordingly.

6.6
If the Customer rejects the delivery of the ordered Product or does not take delivery of the order, Messink Watches will charge the actual costs of returning the Product to the Customer.

6.7
The stated delivery times are only indicative and may be subject to change in the interim. Exceeding the delivery time does not mean that Messink Watches will be in default by operation of law. Notice of default is always required for this purpose. Merely exceeding the delivery time does not entitle Customer to compensation or to cancel the agreement.

ARTICLE 7 CONSUMERS’ RIGHT OF WITHDRAWAL RELATED TO ONLINE PURCHASES
7.1
For Online Purchases, the Consumer has the right to withdraw from the agreement within 14 calendar days without giving reasons. The Consumer may either rescind the agreement and receive a refund of the purchase price or exchange the ordered Product. The right of withdrawal period expires 14 calendar days from the day on which the Consumer (or a third party – other than the carrier – designated by the Consumer) takes physical possession of the ordered Product. If several Products from the same order are delivered separately, the right of withdrawal period expires 14 calendar days from the day on which the Consumer (or a third party – other than the carrier – designated by the Consumer) takes physical possession of the item ordered last.

7.2
Products that are not suitable for return for reasons of health protection or hygiene and/or sealed Products of which the seal has been broken after delivery cannot be returned or exchanged.

7.3
To exercise the right of withdrawal, the Consumer must inform Messink Watches of his/her decision to withdraw from the agreement by requesting a return form from Messink Watches website or by sending an e-mail with an unambiguous written statement to Messink Watches during the right of withdrawal period. To comply with the withdrawal period, it is sufficient for the Consumer to request a return form or to send the unambiguous statement to Messink Watches before the withdrawal period has expired.

7.4
During the cooling-off period, the Consumer must handle the Product and the packaging with care and respect, and keep it intact, in the same manner as the Consumer would be allowed to do in a shop. The Consumer must only unpack and examine the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. Wearing the Product or using or deploying it in some other way is not permitted. In all cases, the Consumer should prevent traces of use or signs of wear and tear on the Product. The Consumer will be liable for any depreciation in the value of the Product that is brought about by handling it in a way other than is necessary to determine the nature, characteristics, and functioning of the Product.

7.5
If the Consumer exercises his/her right of withdrawal, the Consumer must return the Product to Messink Watches at his/her own risk and expense, by following the instructions on the return form, without undue delay and in any event not later than 14 calendar days after the day on which the Consumer notified Messink Watches of his/her decision to exercise their right of withdrawal. If the Consumer is located outside the European Union, the Consumer will label the returned Product on the customs declaration as ‘Return and repairs of Dutch merchandise’.

7.6.
The Consumer must return the Product with all the delivered accessories, in its complete and original condition and, as far as possible, in the original packaging. The risk and burden of proof with respect to the proper exercising of the right of withdrawal within the applicable period lies with the Consumer.

7.7
If the Consumer exercises his/her right of withdrawal in time, Messink Watches will repay the relevant payments received from the Consumer, excluding the delivery costs, and excluding the return costs, within 14 calendar days of the day on which Messink Watches is informed about the Consumer’s decision to withdraw from the agreement and after Messink Watches receives the Product in good condition and undamaged.

7.8
If the Consumer wishes to exchange the Product, no return and/or extra delivery costs will be charged. Messink Watches is entitled to wait with reimbursement until the Product has been returned to Messink Watches, or until the Consumer has provided sufficient evidence of the timely return of the Product, whichever is earlier. Messink Watches will affect this reimbursement using the same payment method and to the same bank account that the Consumer used for the initial transaction, unless expressly agreed otherwise.

ARTICLE 8 – PROVISION OF SECURITY AND CANCELLATION
8.1
Messink Watches is at all times entitled to ask the Customer for a down payment/advance payment of up to 50% of the purchase price or security for the fulfilment of the Customer’s obligations under the agreement. The Customer must comply with this immediately on request.

8.2
Any down payment, in whatever form, will never be returned. If the Product is not taken, the down payment will be held for 30 days for the purchase of another item at the trade-in value or at a minimum value equal to the down payment.

8.3
If the Customer does not provide security or if it is insufficient, Messink Watches is entitled to rescind the agreement.

8.4
If the Customer is in default of any payment, Messink Watches is entitled to suspend or rescind the agreement, or suspend performance of the agreement in question and any related agreements.

8.5
If Products are purchased from a third party especially for the Customer, but ultimately – for whatever reason – the Customer does not purchase them, Messink Watches reserves the right to charge the Customer a reasonable fee of 25% of the total purchase price as a charge for administration and other costs. Messink Watches is entitled to offset this fee against any down payment or security deposit given by the Customer in connection with ordering the Product in question.

ARTICLE 9 REPAIRED ITEMS OR ITEMS ORDERED FROM THIRD PARTIES THAT ARE NOT COLLECTED
9.1
If, after three consecutive written notifications from Messink Watches to the Customer (including by text messages or WhatsApp messages) – of which the last is sent by registered letter – stating that the Product repaired on his/her instructions is ready and can be delivered, the Customer fails to collect the Product from the shop for a period of three months, Messink Watches is entitled to sell the Product and to recover all that is owed to Messink Watches from the proceeds.

9.2
The Customer is entitled to collect the proceeds of the sale, less all the costs of repair and all costs of storage, auction, and administration, from the shop, for a period of three months after the sale of the repaired Product. After this period, the Customer will pay Messink Watches 5% interest on the expenses as well as 1% of the shop selling price of the repaired Product for each month that has started.

9.3
If, after three consecutive written notifications from Messink Watches to the Customer – of which the last is in writing – stating that the Product bought from third parties on his/her instructions is available and can be delivered, the Customer fails to collect the ordered Product for a period of four weeks, Messink Watches is entitled to sell the Product in the shop or, if possible, to return the Product to the third party from whom it was purchased.

ARTICLE 10 TRANSFER OF RISK AND OWNERSHIP
10.1
The risk of loss, direct or indirect damage, or reduction in value for delivered goods will pass to the Customer if and as soon as the goods are made available to the Customer and the Product is deemed to have been delivered within the meaning of Article 5(1).

10.2
Without prejudice to the provisions of the previous paragraph and Article 5(1), ownership of the Product will not pass to the Customer until the Customer has properly fulfilled all its obligations under the agreement(s) concluded with Messink Watches and settled all that it owes to Messink Watches in this respect, including interest and costs.

ARTICLE 11 COMPLAINTS AND GUARANTEE
11.1
Customer will inspect the delivered goods thoroughly for defects at the time the goods are made available to him/her.

11.2
Complaints concerning visible defects must be lodged with Messink Watches and supported by reasons, immediately after discovery, and in any event within 14 days at the latest after the actual transfer of the goods.

11.3
Complaints concerning hidden defects must be lodged with Messink Watches immediately after discovery, and in any event within 14 days after the lapsing of the guarantee period referred to in paragraph 6. With respect to complaints concerning orders submitted via the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Online Platform/Online Store, the following applies: any complaints must be lodged in writing and addressed to the following e-mail address: info@messinkwatches.com. The e-mail must contain a clear description of the complaint, the Customer’s name, the order number stated on the order confirmation, and the item number of the Product.

11.4
If the Customer has not lodged a complained against Messink Watches within the stated periods, or the complaint does not meet the requirements as set out in paragraphs 1 to 4 of this article, all claims against Messink Watches concerning the defects will lapse and the Customer will not be entitled to repair, replacement, or compensation. Legal claims in this respect must be instituted within one year of a complaint lodged in good time, subject to forfeiture of the right to claim.

11.5
The Customer must always give Messink Watches the opportunity to investigate the complaint lodged.

11.6
Without prejudice to the restrictions set out below, Messink Watches guarantees the soundness of the Product that it has delivered, as well as the quality of the material used and/or delivered for it, for a period of 12 months after delivery, as specified in Article 5(1), unless a different period has been expressly agreed based on the supplier/manufacturer’s applicable guarantee conditions and excluding visible defects.

11.7
The guarantee in any event does not include defects that occur or are wholly or partly due to the following: − failure to observe operating instructions, incorrect, and/or improper use or due to use other than the intended normal use; − normal wear and tear; − failure to carry out maintenance at all, correctly, or in good time. − assembly/installation or repair carried out by third parties, including the Customer; − the application of any government regulations regarding the nature or quality of the materials used; − materials or items used in consultation with the Customer; materials or items which the Customer gave Messink Watches to be used in the processing; − materials, items, working methods, and structures, insofar as applied on Customer’s express instructions, as well as materials and items supplied by or on behalf of Customer; − parts that Messink Watches obtained from third parties, to the extent that the third party did not give Messink Watches a guarantee.

11.8
The guarantee on delivered goods never extends beyond the guarantee given by the manufacturer or supplier of the goods (manufacturer’s guarantee).

11.9
If Customer fails to fulfil any obligations arising for it under the agreement concluded with Messink Watches or under an associated agreement at all, properly, or in good time, Messink Watches will not be bound by any guarantee – by whatever name – regarding any of these agreements.

11.10
If a timely, correct, and justified complaint is lodged in accordance with Article 11, the Customer will be entitled to replacement or repair of the defective or non-conforming Product, or to an appropriate credit amounting to the purchase price of the Product.

11.11
The Customer must send the defective or non-conforming Product, in its entirety, back to Messink Watches The defective or non-conforming Product will become Messink Watches property as soon as it has been replaced or credited.

ARTICLE 12 LIABILITY
12.1
The Messink Watches liability is limited to compliance with the guaranteed obligations set out in these Terms and Conditions. Accordingly, Messink Watches cannot be held liable for damage or loss, regardless of the reason, of Products, raw materials, models, tools, and other items provided by Customer.

12.2
Unless it concerns gross negligence on the part of Messink Watches and subject to the provisions of paragraph 1, all liability on the part of Messink Watches is excluded, for instance for indirect damages and damages arising from liability vis-à-vis third parties. This exclusion may not be invoked if this invocation, where applicable, would lead to a result unacceptable according to standards of reasonableness and fairness.

12.3
Should Messink Watches be liable despite the above exclusions of liability, then Messink Watches liability vis-à-vis the Customer is limited to the amount actually paid out under corporate liability insurance taken out for the case in question, plus the policy excess amount applicable under that insurance.

12.4
If no payment is made under the corporate liability insurance, regardless of the reason, Messink Watches liability vis-à-vis the Customer is limited to the paid invoice value of the agreement, at least to that part of the agreement to which the liability relates.

ARTICLE 13 INFORMATION PROVIDED AND INTELLECTUAL PROPERTY
13.1
Information mentioned in catalogues, illustrations, drawings, dimensions, measurement and weight specifications and the like are intended only to give a general impression. No rights can be derived from this information unless they are expressly set out in an agreement concluded by the parties.

13.2
Messink  Watches retains all intellectual property rights to all designs, images, drawings, calculations, and models made or provided by Messink Watches, irrespective of whether costs for this have been charged. The Customer is only permitted to reproduce, disclose, and copy the material if it has Messink Watches written permission.

13.3
All intellectual property rights are vested solely in Messink Watches or its licensors. The Customer acknowledges that he/she has no right, title, or interest in, nor will it acquire or attempt to acquire any intellectual property rights in his/her own name or in the name of third parties, or on behalf of himself or herself or others, nor will he/she act in a way that may give third parties the impression that the Customer is the owner of any of these intellectual property rights.

13.4
The Customer will not copy these intellectual property rights to the Products or to the Online messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Platform/Website, or use them in any other way, without Messink Watches prior written permission. The Customer will not do or permit anything that may damage or impair the intellectual property rights, including but not limited to their validity, distinctiveness, and/or reputation.

ARTICLE 14 FORCE MAJEURE
14.1
If Messink Watches cannot reasonably fulfil the agreement or cannot fulfil it temporarily due to force majeure, Messink Watches cannot be held liable for the damages that the Customer suffers as a result.

14.2
Force majeure includes all circumstances beyond the control of Messink Watches and its agents and third parties – even if it was foreseeable at the time the agreement was made – that prevents the fulfilment of the agreement permanently or temporarily, and, insofar as it is not already understood, war, threat of war, riots, pandemics, fire, and other serious disruptions in Messink Watches or its suppliers’ business operations; natural phenomena as a result of which the order cannot be fulfilled or cannot be fulfilled on time, such as storms, floods, and severe weather conditions; serious traffic stoppages and other obstructions in transport; and accidents and strikes. Given the nature of the Products, force majeure also includes delivery times resulting from choices made by suppliers and the production at third parties or the discontinuation of the production of specific models. Messink Watches has no control or influence over the choices made by suppliers and manufacturers.

15. PRIVACY
15.1
Messink Watches will process the Customer’s personal data in accordance with the privacy statement published on the Messink Watches website.

15.2
On our website, you can subscribe to our digital newsletter. In these mailings, we will provide you with information about our products and/or services. By filling in your contact details on the website, you agree to receive this digital newsletter periodically by email. You can unsubscribe from these emails by clicking on the unsubscribe link at the bottom of the received email newsletter.

16. ONLINE STORE AVAILABILITY
Messink Watches does not guarantee that the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Online Platform/Online Store, or any of the content on it, will always be available or that access will never be interrupted. Messink Watches reserves the right to suspend, withdraw, discontinue, or change the Messink Watches website entirely or in part at any time without prior notice. Messink Watches cannot be held liable, regardless of the reason if the messinkwatches.com website and/or www.chrono24.nl website and/or www.montro.com website and or www.marktplaats.nl Online Platform/Online Store at some point or for any length of time is not available.

ARTICLE 17 FINAL PROVISIONS
17.1
Messink Watches will notify the user in writing of any amendments to these provisions, without being required to send or otherwise inform the user of the individual amended provisions or the new version of the provisions in its entirety; notifying the user of an amendment and providing a link to the amended General Terms and Conditions will suffice. If the user does not object to the amendment in writing within 14 days of the notification, the amendment will be deemed to have been accepted.

17.2
If any of the provisions of these terms at any time proves to be wholly or partially invalid or void, then the remaining provisions of these terms remain fully applicable, and Messink Watches will replace the provision in question by a new provision that Messink Watches will determine, which will consider the purpose and intent of the original provision(s) as much as possible.

17.3
Messink Watches is entitled to transfer, assign, and/or pledge its rights and/or obligations under the agreement to a third party. This will not affect the Customer’s rights and obligations.

17.4

The Customer may only to transfer, assign, and/or pledge his/her rights and/or obligations under the agreement to a third party if it has Messink Watches written permission.

ARTICLE 18 APPLICABLE LAW AND DISPUTE RESOLUTION
18.1
These General Terms and Conditions, as well as all offers, quotations, orders, and/or agreements from/with Messink Watches, and the rights and obligations deriving from them, are governed exclusively by the laws of the Netherlands, with the exclusion of any conflict-of-laws rules under Dutch private international law; and (ii) the applicability of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention 1980).

18.2
The court district where Messink Watches has its registered office will have exclusive jurisdiction to hear any dispute pursuant to offers, quotations, orders, and/or agreements from/with Messink Watches or arising from them, unless a mandatory legal provision dictates otherwise.