· If the Seller is not the manufacturer of the Goods, he shall transfer the benefit of any warranty or guarantee that he has been given.
· The Buyer accepts that he buys or is deemed to buy the Goods as seen and in the condition they are at the time the order is placed.
· The Seller warrants that the Goods shall be:
o of satisfactory quality
o reasonably fit for their purpose.
· If any of the Goods do not conform with the warranty in condition. the Seller shall collect the Goods and may:
o carry out repairs to the Goods;
o replace the Goods or any defective part; or
o refund the price of such Goods.
· The Seller shall deliver any repaired or replacement Goods to the Buyer's premises.The Seller's liability for breach of warranty as set out in clause 8 shall be limited to complying with condition and shall not have further liability.
8. LIMITED WARRANTY
· WatchXL represents and warrants that it has the right and authority to make the watches available pursuant to these General Terms and Conditions.
· All services and materials are provided on an “As Is”, “As Available” basis and WatchXL and each third party supplier of materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
9. LIMITATION OF LIABILITY
· The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:
§ for death or personal injury resulting from the Seller’s negligence; and
§ as expressly stated in these conditions.
· The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or his/her/its/their authorized agent.
· The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.
10. WEBSITE ACCESS
· Materials and features may be added to or withdrawn from all WatchXL websites and the Services otherwise changed without notice.
11. CONTRIBUTION TO WatchXL
· The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company but the sub-contracting shall not relieve it of any liability under the Contract.
· The Seller and the Buyer shall not assign, delegate or otherwise deal with all or any of their rights and obligations under the Contract.
· If there is any conflict between these terms and specific terms appearing elsewhere (including local house rules) then the latter shall prevail.
· Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.
· In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, void able, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.
· If the Seller or the Buyer:
· fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and
· partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.
· Any waiver of a breach of any provision of the Contract shall not:
· be deemed to be a waiver of any subsequent breach or default; and
· affect the other terms of the Contract.
· If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of The Netherlands.
14. INTELLECTUAL PROPERTY
· The names, images and logos identifying the WatchXL, or third parties and their products and services are subject to copyright, design rights and trade marks of the WatchXL and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the WatchXL or any other third party.
· These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by WatchXL immediately upon notice.
· WatchXL may terminate the subscription for access to all the WatchXL websites. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. WatchXL may suspend or discontinue providing the Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
· Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to the provider of the Services should be sent to your account representative.
· The failure of the provider of the Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
· The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Services without the prior written consent of the provider of the Online Services.
· These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the Netherlands.
· Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
· Any notice to be given under the Contract shall be:
o delivered personally;
o sent by first class prepaid recorded delivery or registered post; or
o by fax.
· A notice shall be deemed and served as follows:
o if personally delivered, at the time of delivery;
o if posted, within 48 hours of posting or in the case of airmail seven days after the envelope was delivered into the custody of the postal authorities; and
o if sent by fax, the time of transmission.
ALL USERS OF WATCHXL WEBSITES, IN USING THE WEBSITE AND THE PRODUCTS AND OTHER MATERIALS THEREON, AGREE WITH THE FOLLOWING TERMS AND CONDITIONS. DO NOT USE THIS SITE, OR THE PRODUCTS AVAILABLE THEREON, IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.
Use of the sites and the products of WatchXL are subject to these terms, conditions, licenses and disclaimers:
License to Use The sites may be used for your personal use but may not be copied, sold or distributed to other persons. The materials available on the sites may not be republished, nor may they be reverse engineered, translated, modified or used to make derivative information or materials.
Disclaimer of Warranties and Liabilities
THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WATCHXL, OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF WATCHXL, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. WATCHXL AND ITS PARTNERS AND AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. WATCHXL WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT WATCHXL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN WATCHXL MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO € 100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
This agreement is governed by the Laws of The Netherlands. You hereby consent to the exclusive jurisdiction of the Dutch Courts in all disputes arising out of or relating to the use of this website or any of it's contents (including the example legal documents).
For questions please contact us at [email protected]