TERMS AND CONDITIONS OF SALE

 

Introduction

 

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’) and ‘Bulang & Sons’ (hereafter also referred to as ‘We’) a trade name belonging to the company 100 Percent Vintage B.V., a limited liability company governed by Dutch law, Dutch chamber of commerce company number 56685106, VAT number NL8522.60.453.B01. Our address is Kloosterweg 1, 6412 CN Heerlen, The Netherlands.

 

Article 1 Applicability

1.1       These Terms & Conditions apply to all offers, orders and agreements done by
            “Bulang & Sons”. No agreement can be created without your agreement of
            these Terms & Conditions.

1.2       These Terms and Conditions are the only terms and conditions that are
            applicable and replace all other terms and conditions, except in the case of
            express, written, prior dispensation. We maintain that, by confirming your
            order, you have read and do unreservedly accept our terms and conditions.

 

Article 2 Our contract

2.1       By placing an order, you are declaring that you are 18 years of age or over.

2.2       When you submit an order, your order represents an offer to us to purchase
            the products. This does not mean that your order has been accepted.

2.3       All orders are subject to acceptance by us. If we accept your order we will
            confirm our acceptance by sending you an order confirmation by e-mail. The
            contract between us will only be formed when we send you the order
            confirmation. Any products forming part of the same order, which we have not
            confirmed in the order confirmation, do not form part of that contract.

2.4       We have the right to cancel or refuse to accept an order on, inter alia, the
            following grounds:

-       In the event of a technical and/or typing error in the process or other details of products contained on the website when the order was placed,

-       Due to a lack of availability,

-       When there are reasons to indicate that you are a minor,

-       When there are reasons to indicate that the orders are for resale purposes,

-       If we were unable to deliver the product(s) to the address provided.

2.5       If an order is cancelled or not accepted, we will inform you at the earliest
            opportunity. If we already have received payment for such order, we will
            refund the applicable amount.

2.6       All products will remain available for sale on our website until we have
            received full payment.

2.7       If a product should become unavailable after your order had been confirmed
            and paid for, we will refund the price you paid. 

 

Article 3 Price and Payment

3.1       All prices are in euros including VAT (where applicable) at the current rates
and excluding shipping costs. Shipping costs will be added to your order and
depend on your destination country. The shipping costs will be added to total amount due and shown in the order summary page of our website before you place your order.

3.2       If an obviously incorrect price appears on our website and is not corrected on
            your total at the time of order completion, for whatever reason (human error,
            technical error etc.), your order will be cancelled and the payment refunded to
            you, even if it has been initially validated.

3.3       Unless we agree otherwise, we accept payments by the following methods:

- Paypal: with PayPal you can shop online securely and conveniently using
your debit or credit card, bank account or PayPal balance.

- Direct bank transfer: in case you decide to pay by bank transfer you have to include the order number with your payment. As soon as we have received your full payment, we will ship your order.

- MultiSafepay: If you are using MultiSafepay for the first time it is necessary to register for an account with MultiSafepay. The following payment options are offered: iDEAL, Visa, Mastercard and bank transfer. For international payments MultiSafepay has the option to pay with Visa, MasterCard, Maestro, Mister Cash, Giropay and DIRECTebanking.

3.4       We must receive full payment before we dispatch the products.

 

Article 4 Delivery

4.1       Your order will be delivered to the address you indicated when your order
            was placed. We do not deliver to PO Box addresses.

4.2       We do everything in our power to respect the delivery times agreed upon
            an/or indicated on the website. We cannot, however, be held responsible for
            the consequences of a late delivery or the loss of a package caused by a
            third-party contracted to make delivery, or by you (for example by supplying
            the wrong address), or because of some unforeseen event. In the event
            where you do not receive your package, an investigation will be conducted
            with the carrier and may take several days upon receipt of your claim. During
            this period of investigation, no reimbursement or re-delivery will take place.

4.3       The products will be your responsibility and the risk of damage rests fully on
            you as from the delivery (the moment you are or could be in possession of
            the products).

4.4       Ownership of the products will only pass to you when we receive full payment
            of all sums due in respect of the products, inducing shipping costs.

4.5       If you reject a delivery or if an order due to erroneous addressing cannot be
            delivered, you are responsible for any costs made.

 

Article 5 Customs

5.1       For deliveries outside the Netherlands you may have to pay import duty, or
            other taxes, fees or charges applied by customs or other authorities in the
            country of receipt. These fees/taxes are your responsibility and must be paid
            by you. Unfortunately we have no control over these fees. We cannot tell you
            what the costs would be as custom policies, import duties and sale taxes vary
            widely form country to country.

5.2       Also, we will not refund any import duties and/or local sales taxes that your
            order may have incurred for returned items. 

5.3       Some countries have import restrictions on certain products or materials.
            You must comply with all laws and regulations of the country in
            which you are receiving the products. You are responsible for determining if
            there are any restrictions on the delivery of our products to your destination.

 

Article 6 Water resistance

6.1       You should be aware that water resistant watches are not waterproof. They
            can only withstand splashes.

6.2       It is important to note that the indication of the degree of water resistance is
            a technical norm, which does not correspond to an exact depth. It
            only indicates that the watch will resist certain pressure that is equal to a
            static immersion. Certain factors like the movement of the person who is
            wearing the watch (diving or swimming) as well as the force of the water can
            considerably increase the pressure.

6.3       If your watch is certified as water-resistant, your watch is ensured by a series
            of seals. These water- resistant seals undergo natural deterioration due
            to ageing. It is therefore recommended that you have a regular water-
            resistance check.

 

Article 7 Paperwork

7.1       If the products are sold with paperwork, the age of the product is calculated
            from the date given on the paperwork.

7.2       If the products are sold without paperwork, it can be difficult for us to calculate
            the age of the products, especially for vintage products. While we calculate
            the age in good faith, you acknowledge that the age of the products is an
            estimate only. We make no representation or warranty in relation to the
            accuracy of the age of the products.

 

Article 8 Product information

8.1       We take great care when putting product information, descriptions and
            images online but will not be held responsible for any mistakes or omissions
            to any information given.

8.2       The images of the products on our website are for illustrative purposes only.
             Although we have made every effort to display the information and colours
             accurately, the colours on your screen can be different than the original
             product.

 

Article 9 Non-confirming products

9.1       We are under a legal duty to supply you with products that are in conformity
            with the contract.

9.2       You must inspect the products as soon as reasonably practicable after
            delivery and you must inform us promptly if the products are non-conforming.

            At our request you must provide us an opportunity to examine the alleged
            non-conforming product.

9.3       You must take reasonable care of the products and you must return
            any products that are not in conformity with the contract (including paperwork,
            user manual, service papers and box as applicable) promptly and within 14
            days of notifying us of the relevant non-conforming products.

9.4       If the products are non-conforming you are entitled to ask us to replace or repair the products, though given the nature of the products that we sell we may not be able to source a suitable replacement. We are under no obligation to replace or repair the products where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value, which the products would have if they conformed to the contract and the significance of the lack of conformity, in which case your remedy will be limited to a refund.

9.5       If we were unable to repair or replace the products or this is impossible or imposes costs on us that are unreasonable, you are entitled to ask us to refund the products less: a) any deduction for loss of or damage to paperwork and b) any reasonable deduction for wear and tear through use.

9.6       You acknowledge that the paperwork (where supplied) substantially increases the value of the products and that is absence or damage will affect the value of the products. If you return the products with missing or damaged paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25 percent of the purchase price.

9.7       We reserve our rights to reduce any remedies under clause 9.4 and 9.5 if paperwork is missing or damaged.

9.8       Return postage, packaging and insurance will be your responsibility. We recommend you use a tracked mail system and retain proof of postage. You must insure the products to their full value. You must ensure that you pack the products appropriately to prevent damage during transit.

9.9       If the products are non-conforming we will refund you reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.

 

Article 10 Withdrawal of order and return policy

10.1     You have the right to cancel or return the products until 14 days after delivery
            without any need to give reasons. Your right of withdrawal starts from the
            moment your order is received by you or your nominated recipient. The right
            of withdrawal does not apply to custom made or personalized goods.

10.2     The easiest way to use the right of withdrawal is to return the product to us. If
            you are unable to return the products before the 14-day period has expired,
            you need to notify us of your intention to cancel, always within the14-day
            period. To do so, simply e-mail order@bulangandsons.com or write to us at
            Bulang & Sons, Kloosterweg 1, 6412 CN Heerlen, The Netherlands with a
            detailed description of the products you want to return and your order
            number.

10.3     You can return the products together with the delivery note to the following
            address: Bulang & Sons, Kloosterweg 1, Gebouw Carbon 6, 6412 CN
            Heerlen, the Netherlands.

10.4     In any case, you must take reasonable care of the products and have to
            return the products to us in their original condition within 14 days on the date
            on which you informed us that you want to want to cancel your order or if you
            have not notified us that you want to cancel your order, within 14 days of
            receipt of the products.

10.5     In case of withdrawal, you will receive a refund, which will include the
            shipping costs.

10.6     Return postage, packaging and insurance will be your responsibility and at
            your cost. We recommend you use a tracked mail system and retain proof of
            postage and we suggest you to insure the products to their full value. If we
            have to pay additional postage charges on your package, we may deduct the
            amount of such charges from any refund we send to you. Your parcel is your
            responsibility until it reaches us.  We cannot accept liability for goods that get
            lost or damaged in transit back to us.

10.7     Any products returned must be in their original condition, including
            paperwork, user manual, service papers and box as applicable. If they are
            not, we may be unable to accept them or make a deduction from the refund
            for loss in value.

10.8     You acknowledge that the paperwork (where supplied) substantially
            increases the value of the products. If you return the products with missing or
            damaged paperwork, we will make a reasonable deduction to the sum
            refunded to you not exceeding 25 percent of the purchase price.

10.9     Provided that you comply with the terms of this article you will be
            refunded in full within 14 days of the date we receive the returned products or
            from when we receive proof that you have sent the goods back to us,
            whichever is the earliest.

10.10   We will refund the applicable amount via the same
            payment method used in the purchase, unless you have expressly agreed
            otherwise.

 

Article 11 General indemnity

11.1     You agree to be fully responsible for and indemnify us fully from and against
            all claims, liability, damages, losses, costs and expenses suffered by us and
            arising out of any breach of these terms of conditions by you or any other
            liability arising out of your use of our website or the use of another person
            accessing the website using your computer or account number and/or
            password.

 

Article 12 Our liability

12.1     We only supply the products for domestic and private use. You agree not
            to use the products for any commercial, business or re-sale
            purposes, and we shall under no circumstances whatever be liable
            to you, whether in contract, tort (including negligence), breach of statutory
            duty, or otherwise, for any loss of profit, loss of business, business
            interruption, or loss of business opportunity.

12.2     We shall not be held responsible and disclaim all liability for any loss, damage
            (whether direct, indirect or consequential), personal injury or expense of any
            nature whatsoever which may be suffered by you or any third party, caused
            by using our products and/or caused by your access and use of the website
            or caused by a failure by us to comply with these terms and conditions,
            unless such loss and/or damages ensues from intentional acts or omissions
            or gross negligence on the part of us.

12.3     If the above-mentioned limitations of liability dot not apply to you, our liability
            shall be limited to the amount charged to you for the products.

 

Article 13 Events outside of our control

13.1     We will not be responsible for any failure to perform, or delay in performance
            of, any of our obligations under these terms and conditions that is caused by
            events outside our control. This does not affect your legal rights.

13.2     An event outside our control means any act or event beyond our reasonable
            control including acts of God, collapse of buildings, fire, flood, severe
            weather, explosion, accident, war, act of terrorism, industrial dispute (not
            involving our employees), acts of local or central government or other
            competent authorities, interruption or failure of utility services, interruption or
            failure of our website or IT system caused by third parties, or delays or non-
            performance caused by third parties including manufacturers and delivery
            companies.

 

Article 14 Fraudulent payments

14.1     If we reasonably suspect a fraudulent payment, then we will not
            dispatch any products and we will not carry out any refunds until
            authorized by our bank.

 

Article 15 Privacy

15.1     We only use your personal information in accordance with our Privacy Policy.
            Please take the time to read and understand our privacy policy as it includes
            important terms, which apply to you.

 

Article 16 Waiver

16.1     If we fail, at any time during the term of a contract, to insist upon strict
            performance of any of your obligations under the contract or any of these
            terms and conditions and, or if we fail to exercise any of the rights or
            remedies to which we are entitled under the contract, this will not constitute a
            waiver of such rights or remedies and will not relieve you from compliance
            with such obligations.

16.2     No waiver by us of any of these terms and conditions will be effective unless
            it is expressly stated to be a waiver and is communicated to you in writing.

 

Article 17 Severability

17.1     If any court or competent authority decides that any of the provisions or
            paragraphs of these terms and conditions or any provisions of a contract are
            invalid, unlawful or unenforceable to any extent, the term will, to that extent
            only, be severed from the remaining terms, which will continue to be valid to
            the fullest extent permitted by law.

 

Article 18 Applicable law and jurisdiction

18.1     On all rights, obligations, offers, orders and agreements to which these terms
            & conditions apply, as well as these terms & conditions, only Dutch law
            applies.

18.2     All disputes between parties will only be submitted to the competent court in
            Limburg, the Netherlands, unless a mandatory provision provides otherwise.