General terms & conditions BensonTrade
Client: the corporate body/person with whom BensonTrade made an agreement (also called: customer).
Products: the products BensonTrade offers as agreed in writing or in a verbal agreement.
Services: the services as agreed in writing or in a verbal agreement.
Agreement: the agreement (these General Conditions included) between BensonTrade and the client.
Website: BensonTrade´s website.
Webshop: the webshop run and managed by BensonTrade, consisting of the complete offer of products and services which can be supplied and rendered by BensonTrade.
2. In general
These conditions are applicable to all agreements, offers and orders between BensonTrade and its clients. Departures from these conditions are only valid if agreed in writing with BensonTrade. BensonTrade always reserves itself the right of making change in these conditions.
The agreement is only brought about after Bensontrade has accepted the offer and confirmed it. By placing an order (or any other way of accepting an offer, a proposal or an agreement) the client accepts these conditions. The client is supposed to have read and agreed with the general conditions. BensonTrade always reserves to itself the right of turning down an order without statement of reasons.
All offers of BensonTrade are without engagement. If BensonTrade cannot put the order into effect because of unforeseeable reasons this fact shall be communicated to the client as soon as possible. In such a case the client cannot lay a claim to any compensation and/or whatever rights. Within twenty-four hours the agreement can be cancelled free of charge. When cancelled after this 24 hours period BensonTrade reserves itself the right of taking out 10% of the purchase price of the client. If especially ordered or composed products are cancelled (i.e. all products with a 6-60 working days delivery period, or an especially ordered high end watch) BensonTrade reserves to itself the right of taking out 10% of the purchase price of the client after the 24 hours period.
BensonTrade has the right to dissolve the agreement without juridical intervention when the client dies; is deprived of the management of his/her affairs; is adjudged bankrupt; has asked for a letter of license or if a distress a levied upon (part of) his/her properties.
The delivery of all products of BensonTrade to the client takes place with the proviso of ownership as stipulated in the Dutch Civil Law (Burgerlijk Wetboek). Transfer of property of the product (or products) to the client will be completed only after full payment.
No rights can be derived from the dimensions of the handmade products. Because these products are made by hand, the exact size may differ per product.
All prices mentioned on bensontrade.com are including VAT. BensonTrade has the right to change the prices. Changes will be shown in the product information on the website. When we supply shops and/or businesses the price are excluding VAT (21%). If price information is misunderstood (or if quotations are shown wrongly) the client cannot lay claim or whatsoever.
5. Payment & Delivery
BensonTrade sends information to the client that his/her order is accepted and that the client can pay for his/her order. BensonTrade offers methods of payment such as: regular bank transfer, iDeal, Paypal and paying cash when delivered at your address or at a preferred address (products valued € 1000,00 and more).
Immediately after having ordered the client will get a confirmation by e-mail stating the total amount, shipping costs included.
Methods of payment:
A) Credit card (we accept Visa, Mastercard and Maestro).
B) iDeal (for owners of a Dutch bank account).
D) Wire transfer
All international shipments (outside the Netherlands) are insured up to € 500,00. In case a package is lost, damaged or not delivered correctly we only compensate the insured amount of € 500,00 maximum. Please contact us for the exact shipping rates when a higher insurance is wanted.
In the event that a package is not delivered at the client within an acceptable period BensonTrade will ask the transport company for an actual status or investigation. This investigation by Post NL or DPD may take several weeks. After the final conclusion of the investigation by the transport company (delivered, considered lost, wrongly delivered or damaged) BensonTrade will take action by re-sending the order or compensate the insured value of the package to the customer.
The client is responsible for the shipping costs and the risk of returning the product. There are some conditions in case you want to return the product:
Products you bought at bensontrade.com may be exchanged and/or taken back without statement of reasons provided that these products are returned by post at the physical address (see contact page) of BensonTrade within fourteen (14) days from invoice date at the latest.
The products must be returned in the original condition, new, undamaged, provided with labels attached and in the original packaging. The products you bought during sales at 25% discount or more, cannot be exchanged or returned. Products, sold as being used as an advertisement or as a presentation cannot be exchanged or returned. The return must include the official invoice. We do demand the official invoice returned to avoid insurance fraud.
Especially ordered or composed products cannot be exchanged or returned because of procedure of ordering and/or producing is highly individualized. This condition is applicable to all products valued € 750,00 and more having a delivery time of more than 6 working days.
The client is responsible to check whether the products come up to the agreement after having been delivered. The client should communicate damages if any, defects and/or deviations to BensonTrade immediately.
The client is responsible for the shipping costs of he decides to return products. Returns, sent by post must always be stamped sufficiently: understamped returns will not be accepted therefore they will not be credited. The client is responsible for the way of shipping and packing he chooses. Damages or defect if any are at the client risk the client will be charged.
The terms of payment when the client is invoiced is seven (7) working days. If after this term the invoice has not been settled yet the client is indebted interest for the amount due. The interest charged is three (3) % per (part) of a calendar month. The client will be charged for all costs of collecting in default of payment. If the client still doesn’t pay after sending a reminder BensonTrade has the right to claim the delivered products according to the legal provisions of the proviso of property. The property will only be transferred to the client if the amount agreed has been paid in full.
Delivery periods are an indication only and are given approximately. BensonTrade cannot be held responsible for damages or costs following exceeding this delivery period. The date of invoice is considered to be the moment of delivery.
7. Terms of property
The absolute rights, copyright and (other) intellectual rights of graphic products, equipment, software, applications of the website bensontrade.nl are rested in BensonTrade always and in any case.
BensonTrade takes care for the products which are offered. If a product is defective BensonTrade will act adequately to correct the defect. The client has the right to a repair and/or a replacement. It is not possible to refund the price, unless agreed by BensonTrade and the client. BensonTrade has a right to replace a product by a comparable product. BensonTrade cannot be held responsible for damages following use/abuse of products supplied by BensonTrade. BensonTrade cannot be held responsible for damages following inadequately use or use of the product which is contrary to being reasonable and fairness of products supplied by BensonTrade.
BensonTrade cannot be kept to prices being evidently wrong, e.g. as a result of clear typing mistakes, typographical errors or misprints.
Warranty for all production defects showing within the period is given by BensonTrade on all products. The warranty periods of BensonTrade products are 12, 24 or 36 months, starting from the date of buying (date of invoice). The warranty period is shown together with the product information and on the invoice too. Exceptions to standard warranty are shown with the product information and/or on the invoice. A valid claim for warranty can only be made when the product is returned for inspection/investigation.
In case of a defect showing when the product is under warranty it will be replaced free of charge or the client will be sent a new product. If a product is not available anymore we will take care of a correct settlement in consultation with the client. It is no possible to refund the price. BensonTrade has a right to offer a comparable model as a substitute. The warranty is shown at the invoice and is only valid to BensonTrade. All brands of which BensonTrade is an official dealer are delivered including a filled in warranty card. With this card only the client may go to a physical dealer as well or to the importer and ask for warranty. All high end brands of watches (€ 750,00 and more) are delivered with a warranty to BensonTrade. Warranty can only be claimed together with the invoice and a clear description of the defect (see warranty form).
If, after a close inspection, it appears that a defect cannot be repaired as warranty the client will always be informed. Defective products, not within the warranty period, can however be repaired by BensonTrade. The client can ask for a calculation of the repair. The costs of repair and shipping the client will be charged for. Payments for the repair should take place before the actual repair.
Not covered under warranty:
- Crown (and pushbuttons).
- Watchstraps and buckles.
- Damage by water caused by big differences of temperature or an open crown.
- Damage by water caused by neglecting the specific waterproof specs of the watch.
- Damages when changing the date (day, month or year) between 9 PM and 3 AM (with an automatic or mechanical watch).
- All defects caused by human actions, other than production defects.
- Actions for which one logically cannot claim warranty.
- Products which are opened by the client or by a third party or have been repaired (without permission of BensonTrade).
Warranty is no longer valid when a) product have been worn or have been used b) the client or a third party tried to repair the defect c) the client did not follow the directions and/or instructions for us.
10. Force majeure
BensonTrade is not bound to fulfil one or more obligations if prevented to do so as a result of force majeure. By force majeure is meant everything that has to be understood about it in laws and the collective body of judgements given.
A deadline agreed together with BensonTrade with regard to a delivery of a product which is especially ordered by BensonTrade is only considered as a reason for dissolution after that 4 working days after the deadline have expired (a passable term).
If dissolved before the deadline or its extension expires, BensonTrade has a right to take 10% of the price out of the client.
11. Declaration about privacy
BensonTrade will always take utmost care of customer´s data as well as data from the webshop and never ever procure them to a third party. One exception is when a client him/herself mentions BensonTrade in media and BensonTrade in reason is bound to react in the way of hear both sides.
BensonTrade can not guarantee that the information on the website always is correct, is free from typing errors and/or incorrect information given by suppliers and/or a third party.
BensonTrade has a right to change these General terms & conditions one-sidedly. Changes also hold good with respect to agreements concluded before.
14. Appropriate law
The Dutch laws are applicable to these (General) terms and conditions and to each agreement with BensonTrade. Conflicts if any can be put to an appropriate Dutch judge exclusively.
15. BensonTrade data
16. Copyright and protective rights
BensonTrade owns the copyright of all texts and images/pictures on BensonTrade.nl and/or other websites owned by BensonTrade.
Infringement of BensonTrade rights is unlawful. Each unlawful use of the above rights will be punished with a € 1000 fine per day to a maximum of € 1.000.000.
One is at liberty to speak one´s mind / mention your experiences about BensonTrade in other media. BensonTrade is free to react to such statements and go into the subject in substance. Any statement actually not correct or only meant to harm BensonTrade is unlawful. BensonTrade will take legal action, under all reserve of rights and defending itself and take out all damages following such an unlawful act from the person and/or persons relating to the matter in question.
BensonTrade will respect the privacy of all users of its site and takes care that personal information provided by you will be dealt with confidentially. We use your data to have your orders handled as quickly and easily as possible. As far as the remainder is concerned we will use these data with your permission exclusively. BensonTrade will not sell your personal data to a third party and the data will be put at the disposal of a third party only and exclusively when involved in executing your order.
BensonTrade will use the collected data to provide for services to its clients such as: when you place an order we need your name, e-mail address, address for the delivery and payment data to execute your order and keep you informed of its progress. To make shopping with BensonTrade as agreeable as possible we will store your personal data, the data regarding your order and the use of our services only with your permission. In this way we can personify the website.
We will use your e-mail address to inform you about the developments of the website and about our special offers and actions. If you do not appreciate this information any longer you can have yourself written out from our website.
Data about use of our site and feedback we get from our visitors will help us to develop and improve our site.
If you decide to write a review you may choose whether or not to add your name and/or other personal data. We are curious to know our visitor’s opinions but have a right not to publish contributions which do not satisfy our site conditions.
When you react to an action or a competition we will ask for your name, address and e-mail address. We will use these data to carry out the action, to announce the winners, and to measure the response to our marketing actions.
BensonTrade does not sell your data. BensonTrade will not sell your personal data to a third party and the data will be put at the disposal of a third party only and exclusively when involved in executing your order. Our employees and a third party brought in by us will be obliged to respect the confidentiality of your data.