Terms & Conditions
Article 1 – Definitions
In these Terms and Conditions, the following terms are defined as:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the vendor.
Day: a calendar day.
Long-term transaction: a distance agreement concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time.
Durable data carrier: any medium that allows the consumer or vendor to store information personally directed to them in such a way that it can be consulted in the future and reproduced unchanged.
Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
Vendor: the natural or legal person offering products and/or services to consumers at a distance.
Distance agreement: an agreement concluded under an organised system for the remote sale of products and/or services, using one or more means of remote communication, exclusively until the conclusion of the agreement.
Remote communication technique: a means that can be used to conclude an agreement without the consumer and vendor being simultaneously present in the same location.
General Terms and Conditions: these General Terms and Conditions of the vendor.
Article 2 – Identity of the Vendor
Business Name: Arthur's Watches
Company Name: Arthur's Watches LTD
Email: support@arthurs-watches.com
Article 3 – Applicability
These General Terms and Conditions apply to any offer made by the vendor and to any distance agreement and orders between the vendor and the consumer.
Before the distance agreement is concluded, these General Terms and Conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the agreement is concluded that the General Terms and Conditions are available from the vendor and will be sent free of charge at the consumer's request as soon as possible.
If the distance agreement is concluded electronically, these General Terms and Conditions may be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise at no cost upon request.
If specific product or service terms and conditions also apply, the second and third paragraphs apply similarly. In the event of conflicting terms and conditions, the consumer can always rely on the provision most favourable to them.
If one or more provisions of these General Terms and Conditions are wholly or partially invalid or voided, the agreement and these Terms and Conditions will remain in effect, and the relevant provision will be promptly replaced by a provision that most closely approximates the original intention.
Situations not covered by these General Terms and Conditions should be assessed according to the spirit of these Terms and Conditions.
Any ambiguity regarding the explanation or content of one or more provisions of these Terms should be explained according to the spirit of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The vendor is entitled to modify or amend the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the vendor uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the vendor.
All images, specifications and information in the offer are indicative and cannot be used as a basis for compensation or cancellation of the agreement.
Product images are a truthful representation of the products offered. The vendor cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer contains sufficient information so that the consumer is clearly aware of their rights and obligations upon accepting the offer. This specifically includes:
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The price, excluding customs clearance fees and import VAT. These additional costs are at the consumer's expense and risk. The postal and/or courier service will apply the relevant regulations for postal and courier services when goods are imported into the destination country. The postal and/or courier service may collect VAT and, where applicable, customs clearance fees from the recipient.
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Any applicable shipping costs.
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The method by which the agreement will be concluded and the actions necessary for it.
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Whether or not the right of withdrawal applies.
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The payment, delivery and execution method of the agreement.
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The acceptance period for the offer, or the period within which the vendor guarantees the price.
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The communication cost rate for remote communication if the costs of using remote communication techniques are calculated based on something other than the standard rate for the communication medium used.
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Whether the agreement will be archived after it is concluded and, if so, how the consumer can access it.
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How the consumer can verify and, where necessary, correct the information provided before entering into the agreement.
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The codes of conduct to which the vendor adheres and how the consumer can consult these codes electronically.
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The minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colours and materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out.
If the consumer accepts the offer electronically, the vendor will promptly confirm receipt of the acceptance electronically. Until the vendor has confirmed receipt, the consumer can cancel the agreement.
If the agreement is concluded electronically, the vendor will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the vendor will observe appropriate security measures.
The vendor may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as any facts or factors that are important for responsibly entering into the distance agreement. If the vendor has valid reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or impose special conditions on its execution.
The vendor will provide the consumer with the following information with the product or service, in writing or in a way that allows the consumer to store it on a durable data carrier:
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The business address of the vendor where the consumer can submit complaints.
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The conditions under which and the method by which the consumer can exercise their right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal.
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Information about warranties and existing after-sales service.
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The details listed in Article 4, paragraph 3 of these Terms, unless these details have already been provided to the consumer before the execution of the agreement.
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The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, this provision only applies to the first delivery.
Each agreement is concluded subject to the sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without giving a reason within 14 days. This cooling-off period starts on the day after the consumer receives the product, or after a representative designated by the consumer and known to the vendor receives it.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the vendor.
When the consumer wishes to exercise their right of withdrawal, they must inform the vendor within 14 days of receiving the product. The consumer must do so in writing or by email. After informing the vendor, the product must be returned within 14 days. The consumer must provide proof that the goods were returned within the required period, such as a shipping receipt.
If the consumer has not informed the vendor of their intention to exercise their right of withdrawal or has not returned the product within the periods mentioned above, the purchase is final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products is the responsibility of the consumer.
If the consumer has paid an amount, the vendor will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been returned or sufficient proof of complete return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The vendor may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the vendor has clearly stated this in the offer, at least before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
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Made by the vendor according to consumer specifications.
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Clearly personal in nature.
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That cannot be returned due to their nature.
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That can spoil or deteriorate quickly.
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Whose price is subject to fluctuations in the financial market which the vendor cannot influence.
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Consisting of individual newspapers and magazines.
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Consisting of audio and video recordings or computer software where the consumer has broken the seal.
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Consisting of hygiene products where the consumer has broken the seal.
Article 9 – The Price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of exception, the vendor may offer products or services whose prices are subject to fluctuations in the financial market over which the vendor has no influence. This fluctuation and the fact that any prices stated are target prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the vendor has stipulated this and:
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They result from statutory regulations or provisions; or
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The consumer has the right to terminate the agreement from the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of such errors, the vendor is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The vendor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of usability and/or reliability that the consumer may expect based on the nature of the product and/or service.
A product will not be considered defective if the defect results from improper use or maintenance by the consumer.
Article 11 – Delivery and Execution
The vendor will take the greatest possible care when processing orders for products and when assessing requests for services.
The place of delivery is the address provided by the consumer to the vendor.
With due observance of the provisions in Article 4 of these Terms and Conditions, the vendor will fulfil accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed.
If delivery is delayed or an order cannot be fulfilled, either in full or in part, the consumer will be informed no later than 30 days after placing the order. The consumer then has the right to terminate the agreement without penalty.
In the case of termination as referred to above, the vendor will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of a product ordered by the consumer proves impossible, the vendor will make every effort to offer a replacement item of similar quality and price. The consumer may cancel the agreement in such cases, and the vendor will ensure that the consumer receives a refund within 14 days.
The risk of damage and/or loss of products remains with the vendor until the moment of delivery to the consumer or to a third party designated by the consumer, unless otherwise agreed.
Article 12 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid immediately after the agreement is concluded.The consumer is required to immediately notify the vendor of any inaccuracies in the payment details provided or stated.In the event of non-payment by the consumer, the vendor has the right to charge reasonable collection costs.
Article 13 – Complaints and Disputes
The vendor has a publicly available complaints procedure and will handle complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the vendor within a reasonable period after the consumer becomes aware of the defect.
If the complaint cannot be resolved by mutual agreement, the dispute will be submitted to the competent court.
On the basis of the European Commission's Online Dispute Resolution (ODR) platform, the consumer has the possibility of submitting disputes to the ODR platform.
Article 14 – Additional or Different Provisions
Additional or differing provisions from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.