General terms and conditions
- Masculino: Masculino Watches, located in Dongen under KvK no. 82967385.
- Customer: the person with whom Masculino has entered into an agreement.
- Parties: Masculino and customer together.
- Consumer: and customer who is also and individual acting as a private person.
Applicability of General Terms and Conditions
- These terms and conditions shall apply to all quotations, offers, activities, orders, agreements and deliveries of
services or products by or on behalf of Masculino
- The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
- All prices quoted by Masculino are in euros, are exclusive of VAT and any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- All prices used by Masculino for its products or services, on its website or otherwise made known, may be changed by Masculino at any time.
- Increases in the cost price of products or parts thereof that could not have been foreseen by Masculino at the time the offer was made or the contract concluded.
making the offer or entering into the agreement, may result in price increases.
- The consumer has the right to dissolve the agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he can not derive any rights from it other than that it is an indication of the nature of the product.
indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of late payment
- If the customer fails to pay within the agreed period, Masculino shall be entitled to charge statutory interest of 2% per month for non
commercial transactions from the day the customer is in default, with part of a month counting as a whole month.
- If the Customer is in default, it shall also owe Masculino extrajudicial collection costs and any compensation for damages.
- Collection costs shall be calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
- If the Customer fails to pay on time, Masculino shall be entitled to suspend its obligations until the Customer has fulfilled its obligation to pay.
- In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Masculino against the customer shall become immediately due and payable. 6. If the customer refuses to cooperate in the execution of the agreement by Masculino, it shall still be obliged to pay the agreed price to Masculino.
Right of complaint
- As soon as the customer is in default, Masculino shall be entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Masculino shall invoke the right of complaint by and written or electronic communication.
- As soon as the Customer has been notified of the invoked right of complaint, the Customer shall immediately return to Masculino the products to which this right refers, unless the parties have made other agreements in this regard.
- The cost of retrieving or bringing back the products shall be borne by the customer.
Right of withdrawal
- A consumer may cancel an online purchase during and cooling-off period of 14 days without giving any reason provided that:
– the product has not been used
– it is not a product that has been custom-made or adapted especially for the consumer – it does not concern an (order for) emergency repair
– the consumer has not waived his right of withdrawal.
- The cooling-off period of 14 days as mentioned in paragraph 1 starts
– on the day after the consumer has received the last product or part of 1 order
– as soon as the consumer has received the first product of a subscription
– as soon as the consumer has received and service for the first time
– as soon as the consumer has confirmed that he will purchase digital content via the Internet.
- The consumer can communicate his invocation of the right of withdrawal at firstname.lastname@example.org if desired using the
Withdrawal Form which can be downloaded from the Masculino website, https://masculino.eu/retour.
- The consumer shall be obliged to return the product within 14 days after having expressed his right of withdrawal to
Masculino, failing which his right of withdrawal shall lapse.
Reimbursement of delivery costs
If the consumer and invokes his right of withdrawal and returns the entire order in a timely manner, then the costs for the
return the entire order shall be borne by the consumer.
Reimbursement of return tickets
If the consumer invokes his right of withdrawal and returns the entire order in due time, the costs of returning the entire order shall be borne by the consumer.
return the entire order shall be borne by the consumer.
Right of Suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any
Right of retention
- Masculino may invoke its right of retention and in this case retain products of the customer until the customer has paid all outstanding bills against Masculino, unless the customer has provided adequate security for these costs.
- The right of retention shall also apply by virtue of previous agreements from which the customer still owes payments to Masculino.
- Masculino shall never be liable for any losses that the Customer may suffer as a result of the exercise of its right of retention.
Unless the Customer is a consumer, the Customer waives its right to set off a debt owed to Masculino against a claim against Masculino.
Retention of title
Masculino shall remain the owner of all products delivered until the customer has fully satisfied all his/her payment obligations to Masculino under whatever agreement entered into with Masculino, including claims for failure to perform.
- Until such time, Masculino may invoke its retention of title and repossess the goods.
- Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
- If Masculino invokes its retention of title, the agreement shall be deemed dissolved and Masculino shall be entitled to claim
to claim damages, lost profits and interest.
Delivery shall be made while stocks last.
Delivery shall take place at Masculino’s premises, unless the parties have
Delivery of products ordered online will be made to the address indicated by the customer.
If the agreed amounts are not paid or not paid on time,
Masculino shall be entitled to suspend its obligations until the part
part agreed upon has been paid.
Late payment shall constitute default of payment, with the consequence that the
The customer shall not be able to hold a delayed delivery against Masculino.
The delivery times stated by Masculino are indicative and, if exceeded, shall not entitle the customer to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
The delivery period shall commence when the Customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Masculino.
Exceeding the stated delivery time shall not entitle the customer to compensation or the right to rescind the agreement, unless Masculino is unable to deliver within 14 days after being reminded to do so in writing or the parties have agreed otherwise in this regard.
The Customer shall ensure that the actual delivery of the products ordered by it can take place in a timely manner.
Transport costs shall be borne by the customer unless the parties have agreed otherwise.
Packaging and shipment
- If the packaging of a product delivered has been opened or damaged, the Customer shall, before receiving the product, have the forwarding agent or delivery person make a note of this, failing which Masculino cannot be held liable for any damage.
- If the Customer is responsible for the transport of the Products, it shall report any visible damage to the Products or their packaging to Masculino prior to transport.
packaging prior to transport to Masculino, in the absence of which Masculino shall not be held liable for any damage.
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of and possible loss of quality shall be borne entirely by the customer. 2. Any additional costs resulting from premature or delayed acceptance of products shall be borne entirely by the customer.
- The warranty relating to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of and agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
- The exchange of purchased items is only possible if the following conditions are met:
– exchange takes place within 14 days after purchase upon presentation of the original invoice
– The product is returned in its original packaging or with the original price tags still attached.
– The product has not yet been used
- Discounted items, non-perishable items such as food products, custom-made items or items specially adapted for the customer are not accepted.
Articles and personalized products cannot be exchanged.
The customer indemnifies Masculino against all third party claims related to the products and/or services provided by Masculino
- The customer shall examine and product delivered or service provided by Masculino for any shortcomings as soon as possible.
- If a product supplied or service rendered does not conform to what the customer might reasonably expect from the agreement, the customer should inform Masculino as soon as possible, but in any case within 1 month of discovering the shortcomings.
- Consumers must notify Masculino no later than 2 months after the discovery of the shortcomings.
- In doing so, the Customer shall provide as detailed a description of the shortcoming as possible, so that Masculino is able to respond appropriately.
- The customer must prove that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this cannot in any case result in Masculino being obliged to perform work other than that agreed upon.
Notice of default
- The customer shall give notice of default in writing to Masculino.
- It shall be the responsibility of the customer to ensure that notices of default actually reach Masculino (in a timely manner).
Joint and several liability of the customer
If Masculino enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts they owe to Masculino under that agreement.
Liability of Masculino
1.Masculino shall be liable for any damage suffered by the Customer only if and insofar as such damage was caused by intentional or deliberate recklessness.
- If Masculino is liable for any damage, it shall only be liable for direct damage arising from or in connection with the performance of an agreement.
3.Masculino shall never be liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
- If Masculino is liable, this liability shall be limited to the amount paid out by and concluded (professional) liability insurance and in the absence of (full) payment by and insurance company of
the amount of damages, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in and catalog are only indicative and are only approximate and can not be a reason for damages.
approximate and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension
of any obligation.
Any right of the customer to compensation from Masculino expires in any case 12 months after the event from which the
liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of rescission
- The Customer shall be entitled to dissolve the agreement if Masculino fails imputably to fulfill its obligations, unless such failure, in view of its special nature or minor significance, does not justify dissolution.
- If the fulfillment of the obligations by Masculino is not permanently or temporarily impossible, dissolution may only take place after Masculino is in default.
- Masculino shall be entitled to dissolve the agreement with the customer if the customer does not
fully or on time, or if Masculino has become aware of circumstances that give it good reason to fear that the client
fear that the client will be unable to properly fulfill its obligations.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Masculino to fulfil any obligation to the client cannot be attributed to Masculino in a situation independent of the will of Masculino, as a result of which the fulfilment of its obligations to the client is wholly or partially impeded or as a result of which the
fulfillment of its obligations cannot reasonably be required of Masculino.
- The force majeure situation mentioned in paragraph 1 shall also include – but not exclusively – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
- If a force majeure situation arises that prevents Masculino from fulfilling 1 or more obligations to the customer, those obligations shall be suspended until Masculino can fulfill them again.
- From the moment that and force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- In and force majeure situation, Masculino shall not be liable to pay any (compensation), even if it enjoys any advantage as a result of the force majeure situation.
Amendments to the Agreement
If after the conclusion of the Agreement for its execution it appears necessary to modify or supplement its contents,
parties shall adapt the agreement accordingly in good time and in mutual consultation.
Amendment of general terms and conditions
Masculino shall be entitled to amend or supplement these General Terms and Conditions.
Changes of minor importance may be made at any time.
Major substantive changes will be discussed by Masculino with the customer in advance to the extent possible.
- Consumers shall be entitled to terminate the contract in the event of and substantial change to the General Terms and Conditions.
Transfer of Rights
Customer’s rights from and agreement between the parties cannot be transferred to third parties without the prior
Written consent of Masculino
This provision is considered a clause with effect under property law as referred to in article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these General Terms and Conditions prove to be void or voidable, this shall not affect the other provisions of these Terms and Conditions.
of these terms and conditions.
- A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what the parties have agreed upon.
Masculino had in mind when drafting the terms and conditions on that point.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where Masculino has its registered office/practice/office is exclusively competent to
cognizance of any disputes between the parties, unless otherwise prescribed by mandatory law.
Drawn up / amended on 19 January 2023