Terms and Conditions
Delray Beach Vintage Watches general terms and conditions for online purchasing on www.delraybeachwatchmaker.com
1. Company information
Company Name: Delray Beach Vintage Watches
Address: 21 s.e. 5th ave., Delray Beach, Florida
Email Address: Contact
2. Definitions
For the purpose of these General Terms and Conditions, the following terms shall have the following meanings:
“Business Day” means a calendar day, other than a Saturday, a Sunday or a United States public holiday, on which the banks in the United States are open for normal business;
“Consumer” means any natural person not acting in the course of a profession or business (consument) that enters into an Agreement with Delray Beach Vintage Watches via the Delray Beach Vintage Watches Webshop;
“Agreement” means any agreement with respect to orders placed for Products available on the Delray Beach Vintage Watches Webshop concluded between Delray Beach Vintage Watches and the Consumer via the Delray Beach Vintage Watches Website
“Durable medium” means any instrument, including email, which enables the Consumer to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;
“Delray Beach Vintage Watches Webshop” means the online webshop of Delray Beach Vintage Watches on the Delray Beach Vintage Watches Website;
“Delray Beach Vintage Watches Website” means the website of Delray Beach Vintage Watches on www.delraybeachwatchmaker.com;
“General Terms and Conditions” means these General Terms and Conditions of Delray Beach Vintage Watches;
“Intellectual Property Rights” means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the Products and the Delray Beach Vintage Watches Website;
“Parties” means Delray Beach Vintage Watches and the Consumer collectively;
“Product” means all goods Delray Beach Vintage Watches produces and/or sells under the (trade) name ‘Delray Beach Vintage Watches’.
3. Applicability
3.1. These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the Delray Beach Vintage Watches Webshop to which Delray Beach Vintage Watches is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and form integral part of all quotations and offers made by Delray Beach Vintage Watches and all acceptances, acknowledgements and confirmations by Delray Beach Vintage Watches of any orders made by the Consumer.
3.2. By placing an order the Consumer agrees to be bound by these General Terms and Conditions.
3.3. In the event that specific Product related terms and conditions apply in addition to these General Terms and Conditions, those terms will be explicitly specified in the offer of the specific Product and in the event of contradictory terms and conditions, the Consumer may invoke the applicable condition that is most favorable to the Consumer.
3.4. These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the Delray Beach Vintage Watches Webshop.
4. Offers and orders
4.1. The material on the Delray Beach Vintage Watches Website is provided for general information only. Obvious errors or mistakes in the offer do not bind Delray Beach Vintage Watches.
4.2. Delray Beach Vintage Watches will indicate on the Delray Beach Vintage Watches Website if an offer is of limited duration.
4.3. An offer is subject to availability. If a Product is out of stock, despite appearing on the Delray Beach Vintage Watches Webshop, Delray Beach Vintage Watches may cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
5. The agreement
5.1. Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfilment of the applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the Delray Beach Vintage Watches Webshop. Promptly after receiving an order, Delray Beach Vintage Watches will send an automated email confirming the receipt of the order.
Delray Beach Vintage Watches may obtain information – within statutory frameworks – about the Consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
5.2. Delray Beach Vintage Watches reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
The Product is not available or the Product is out of stock;
The order is flagged by Delray Vintage Watches’ security systems as an unusual order or an order susceptible to fraud;
The Consumer’s billing information is not correct or not verifiable;
Delray Beach Vintage Watches has reason to believe the Consumer is a reseller;
There was an error in the price displayed on the Delray Beach Vintage Watches Website;
Delray Beach Vintage Watches cannot deliver to the shipping address provided by the Consumer.
In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
6. Prices
All prices quoted on the Delray Beach Vintage Watches Website are singular watch or product offerings and are in USA Dollars currency, and do not include, taxes, shipping, import / export duties, levies, customs clearance, etc.
Delray Beach Vintage Watches reserves the right to change the prices quoted on the Delray Beach Vintage Watches Website without notice. Delray Beach Vintage Watches will not be liable to the Consumer or any third party for price changes.
Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance shall be at the Consumer’s expense. Such costs or expenses which have been paid by Delray Beach Vintage Watches, shall be charged to the Consumer.
7. Right of withdrawal
7.1. The Consumer has the right to withdraw from the Agreement within 14 calendar days without giving any reason. The Consumer can either dissolve the agreement and receive a refund or exchange the ordered Product. The withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product.
7.2. Products that are not suitable for return due to health protection or hygiene reasons and/or sealed Products that were unsealed after delivery cannot be returned or exchanged.
7.3. To exercise the right of withdrawal, the Consumer must inform Delray Beach Vintage Watches of his / her decision to withdraw from the Agreement by requesting a Return Merchandise Authorization on the Delray Beach Vintage Watches Website or sending an email with an unequivocal written statement to [email protected] within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Consumer to request a Return Merchandise Authorization or send the unequivocal statement to Delray Beach Vintage Watches before the withdrawal period has expired.
7.4. During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
If the Consumer exercises its right of withdrawal, the Consumer will return the Product to Delray Beach Vintage Watches at its own risk and expense, by following the instructions on the Return Merchandise Authorization, without undue delay and in any event no later than 14 calendar days from the day on which the Consumer communicated his decision to withdraw to Delray Beach Vintage Watches. This deadline is met if the Consumer sends back the Product before the withdrawal period of 14 calendar days has expired. If the Consumer is located outside the United States of America, the Consumer shall declare the returned Product as “Returns and Repairs of USA Merchandise” on the customs declaration.
7.5. The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
If the Consumer timely exercises its right of withdrawal, Delray Beach Vintage Watches will reimburse the relevant payments received from the Consumer, including the costs of initial first delivery and excluding all return costs, without undue delay and in any event not later than 14 calendar days from the day on which Delray Beach Vintage Watches receives the returned watch / watches at their facility. The return costs will be deducted from the Consumer’s refund if said costs were incurred by Delray Beach Vintage Watches due to improper consumer return policies, guidance, and/or import / export duties incurred by Delray Beach Vintage Watches that were the consumers responsibility. Delray Beach Vintage Watches may withhold the reimbursement until Delray Beach Vintage Watches has received the Product back and had our professional certified watchmaker examine the returned watch or watches to determine any damages or misrepresentation by consumer. Delray Beach Vintage Watches will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise.
8. Payment by the Consumer
8.1. Save as otherwise provided in the Agreement or in applicable additional terms and conditions, the sums payable to Delray Beach Vintage Watches will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
8.2. Delray Beach Vintage Watches does not accept any other method of payment than the payment methods indicated on the Delray Beach Vintage Watches Website. Delray Beach Vintage Watches may change these payment methods at any time. All actual costs of payment will be passed on to the Consumer.
8.3. The Consumer has the duty to inform Delray Beach Vintage Watches of any inaccuracies in payment data provided or stated.
9. Shipping and delivery
9.1. The ordered Product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer. In such event the Products will be shipped to the Consumer within 1-3 Business Days after the last order. Delray Vintage Watches reserves the right to delay shipment of watches due to unforeseen mechanical watch abnormalities that need watchmaker attention and/or repair, not foreseen prior to listing product on www.delraybeachwatchmaker.com
9.2. Instead of having the order shipped and delivered, the Consumer can decide to collect the order from the physical Delray Beach Vintage Watches service center in the USA. If the Consumer decides to do this, the Consumer should indicate accordingly when placing the order with the Delray Beach Vintage Watches Webshop and/or via email correspondence.
When the Consumer has placed an order on a Business Day and has received an email confirmation before 5:00 PM ET, the order will be ready the same Business Day at our facility. Please contact us by email for an appointment to pick up your watch during normal business hours. Our facility is by appointment, only.
9.3. The shipping and delivery terms indicated in these General Terms and Conditions, on the Delray Beach Vintage Watches Website or otherwise communicated by Delray Beach Vintage Watches are indicative and not guaranteed. If Delray Beach Vintage Watches is unable to meet the (estimated) shipping date, Delray Beach Vintage Watches will notify the Consumer accordingly. Delray Beach Vintage Watches shall not be liable for any damages and costs arising out or in connection with delayed delivery.
9.4. Delray Beach Vintage Watches ships to shipping addresses in the countries indicated on the Delray Beach Vintage Watches Website. Delray Beach Vintage Watches will deliver the Product at the shipping address specified in the order of the Consumer.
9.5. If the shipping address is located outside the United States of America, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported.
9.6. Delray Beach Vintage Watches is authorized to engage third parties in the fulfillment of its shipping and delivery obligations under the Agreement. All shipping services used by Delray Beach Vintage Watches provide a tracking number.
9.7. Delray Beach Vintage Watches retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of Delray Beach Vintage Watches vis-à-vis the Consumer are paid in full (within the meaning and laws of the United States of America). The Consumer shall in no event have a right of retention with regard to the Product. Delray Beach Vintage Watches is entitled to repossess the Product if the Consumer fails to fulfill any of its obligations under the Agreement and/or if Delray Beach Vintage Watches infers from the Consumer’s behavior or communication that the Consumer will fail to fulfill any of its obligations under the Agreement.
9.8. All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to Delray Beach Vintage Watches, as well as any and all duties, taxes, levies, third party intervention charges to facilitate returns, packaging, insurance, packaging supplies, and/or any incidentals needed to rightfully return said product.
10. Complaints
10.1. Delray Beach Vintage Watches wishes to point out that the Consumer is obliged to closely examine the delivered pre owned vintage aged Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
10.2. The Consumer shall inform Delray Beach Vintage Watches of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address: [email protected]. The email shall contain a clear description of the complaint, the Consumer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than fourteen (14) days after the discovery of the defects, after initial delivery.
10.3. Complaints submitted to Delray Beach Vintage Watches will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give Delray Beach Vintage Watches all such assistance as Delray Beach Vintage Watches may require for the purpose of examining the complaint. Delray Beach Vintage Watches is only obliged to take complaints into consideration, if Delray Beach Vintage Watches is given the opportunity to verify the complaint.
10.4. Delray Beach Vintage Watches only sell pre owned vintage watches. The Consumer, by agreeing to purchase our watches, and following through with payment, both on our webstore at www.delraybeachwatchmaker.com, or in person at our facility, is aware these watches have many, many defects, scratches, heavy wear and tear from many years of improper prior use, parts both internally and externally that are not original, may or may not be water resistant, and is fully aware they are purchasing a “used and possibly previously abused vintage watch” being sold “as is where is”. All of our watches have been restored to the best of our human abilities but defects in both workmanship, mechanical parts, and age of said product sold constitute a “buyer be aware” Consumer. We understand the Consumer and purchaser of our products is well educated in Vintage watches and personally agrees that his / her product purchase is not “new” and could contain heavy watch wear and tear from many years of use, not keep proper time according to new standards, and incompetent watchmaking internal and external practices could lie within, or on product.
10.5. The Consumer shall return the defective or non-conforming Product in its entirety to Delray Beach Vintage Watches. The defective or non-conforming Product shall become Delray Beach Vintage Watches property as soon as it has been replaced or credited.
10.6. A complaint that does not meet the requirements set out in this agreement, shall not be taken into consideration by Delray Beach Vintage Watches, the Product shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.
11. Liability
11.1. Delray Beach Vintage Watches shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by Amsterdam Vintage Watches or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilful recklessness of Delray Beach Vintage Watches.
11.2. Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of Delray Beach Vintage Watches to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by Delray Beach Vintage Watches or its managerial staff).
13. Intellectual property rights
13.1. All Intellectual Property Rights shall remain the exclusive property of Delray Beach Vintage Watches or its licensor’s. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
13.2. The Consumer shall not copy any Products or (any part of) the Delray Beach Vintage Watches Website, nor (otherwise) use any Intellectual Property Rights, without Delray Beach Vintage Watches’ prior written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.
13.3. Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.
14. Privacy
Delray Beach Vintage Watches will process personal details of the Consumer in accordance with the privacy statement published on the Delray Beach Vintage Watches Website.
15. Availability of the Delray Beach Vintage Watches webshop
Delray Beach Vintage Watches does not guarantee that the Delray Beach Vintage Watches Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the Delray Beach Vintage Watches Website is permitted on a temporary basis. Delray Beach Vintage Watches reserves the right to suspend, withdraw, discontinue or alter all or any part of the Delray Beach Vintage Watches Website at any time as it sees fit without notice. Delray Beach Vintage Watches shall not be liable for any reason due to which the Delray Beach Vintage Watches Website is unavailable at any time or for any period.
16. Miscellaneous
16.1. The invalidity or UN-enforceability of any provision of these General Terms and Conditions shall not affect the validity or enforce-ability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.
16.2. Delray Beach Vintage Watches reserves the right to unilaterally amend these General Terms and Conditions at any time.
Delray Beach Vintage Watches may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer’s rights and obligations.
The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from Delray Beach Vintage Watches.
17. Governing law and jurisdiction
17.1. These General Terms and Conditions and any Agreement shall be exclusively governed by and construed in accordance with the laws of the United States of America, the state of Florida, the county of Palm Beach.
17.2. The competent court in the United States of America shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal. No other court shall be considered.