The following terms and conditions shall exclusively apply in the legal relationship between the clients and Duijts Watch Company (subsequently referred to as „DWC”). We do not accept any client terms and conditions that are contrary to or deviating from our own. The DWC terms and conditions shall exclusively apply, even in the event that DWC effects a delivery despite being aware of conditions of the client that are contrary to or deviating from our own.
Offers by DWC are without obligation and are nonbinding. Contractual agreements are entered into exclusively upon written confirmation from DWC. This also applies to the scope of delivery. Amendments and additions to the contract are only binding upon DWC when these have been confirmed in writing or agreed by a specifically authorised representative. DWC prices are calculated in Euros as net prices (ex works), excluding VAT.
DWC creates the shape, colour and finish of promotional logos printing these onto the promotional item in a manner deemed to be most effective from an advertising point of view. Providing that no alternative agreements have been made with the client, DWC may create and execute promotional logos for the client and for its own purposes.
Unless explicitly stated in the contractual agreement, no fixed delivery deadlines apply. Delivery takes place under the proviso that DWC itself supplies the goods properly and in a timely manner and that a lack of availability of goods is not caused by negligence or wilful intent on our part. Goods are dispatched on behalf of and at the risk of the client. Packing costs are quoted at a net price. Our shipping and transport insurance is all inclusive. Suitable packaging is used to ensure safe transportation and robust delivery methods are employed. Reasonable amendments to the specifications will be accepted by DWC where possible.
4. Tools and custom-made products
Tools/moulds used in the production of custom-made products remain the property of DWC on a pro-rata basis. Tools/moulds and printing tools are charged at their actual net costs. With custom-made products, the exclusive liability for copyright and similar rights lies with the client. For any custom-made piece requested there will be an initial cost of € 1.000,-. Custom-made pieces will be made for orders from 500 pieces onwards - when interested for a custom-made piece for an order under 500 pieces the price may vary).
Payment (strictly net) shall be due within 10 days of the date of invoice. The client is only entitled to offset rights or payment retention with claims that are undisputed or established by a court of law. No assignment of any claim against DWC can be made.
DWC will provide the customer with a down payment digital invoice (the 50% of total amount) upon signed and approved DWC’s Order Form and/or Order Confirmation document. This invoice is to be paid within 5 days of invoice date. The final 50% pending payment is to be transferred upon customer’s order receipt (and/or within 5 days of invoice date)
6. Reservation of title
Delivered merchandise shall remain the property of DWC until full payment of all outstanding debts arising from the business relationship with the client.
In the event of a legitimate, timely notice of defect, DWC has the choice of rectifying the defect or making a substitute delivery. The enforceability of more extensive claims, particularly consequential harm caused by any defect is excluded. In order to inspect or handle a notice of defect, DWC may demand the return of goods at the client’s own risk and expense. DWC is not liable for the lack of any specific warranted feature. DWC is not liable for slight negligence. The liability of DWC is restricted to a refund for damage which might be typically foreseeable under the contract. Liability according to Product Liability Law remains unaffected.
8. Copying promotional logos
DWC reserves the right to copy the client’s promotional logo on the item delivered to the client for its own advertising purposes only.
9. Data protection
DWC is authorised to process your personal data within the scope of contractual relations and for the handling of the order. DWC hereby confirms that the terms and conditions of the Data Protection Act 1998 are adhered to in their entirety. DWC can, for business purposes, pass on the data received from you to companies within the DWC global group, as well as to DWC affiliated companies and those companies assigned to effect the implementation of the contract, foster existing contractual relations and enforce claims on behalf of DWC. The above-mentioned measures can be carried out by DWC in the Netherlands and in countries of the European Union. Data can also be handled and processed in the USA and in other countries, although the conditions of data protection law may be less extensive there than in the countries of the European Union. Through appropriate action, DWC will ensure that data is protected to the same extent in non EU countries, such as the USA, as it is in those countries of the European Union.
By placing an order with DWC, you consent to the collection, processing and use of the data received from you, as well as to the use and transmission of your data for the purpose of current or future DWC offers or market research. If you object to this please send a request for suppression of your details to DWC, P.O. Box 880, 4200 AW Gorinchem, the Netherlands..
10. Place of fulfilment and venue
This contract shall be governed by and construes in accordance with the Laws of the Netherlands and the client submits to the jurisdiction of the Dutch Courts. In the event that individual terms and conditions are or become completely or partially invalid, the remaining terms and conditions shall continue to apply. In the event of invalidity of any such individual term, the contracted parties undertake to replace such invalid term with a cost effective, legally valid alternative version.
08-08-2015, Gorinchem The Netherlands,