Terms & Conditions
The following conditions regulate the sale of products featured on this website by our company:
1. BURKER WATCHES
Registered at the Dutch Chamber of Commerce under number 67266304 and with VAT Number NL856903991B01
Customer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom BURKER WATCHES concludes an Agreement.
Order: an agreement between BURKER WATCHES and the customer made for the delivery of one or more products, which BURKER WATCHES accepted as such.
Below, we invite you to review the terms and conditions which regulate the purchase of BURKER WATCHES products via www.burkerwatches.com. These terms and conditions apply to all orders placed on the website by customers worldwide. BURKER WATCHES reserves the right to update these terms and conditions from time to time. If you have any queries regarding the Terms & Conditions, please contact us.
3. ORDERS ON THE WEBSITE
3.1. Availability of the service
BURKER WATCHES offers worldwide shipping. Before placing an order on our website, please make sure that you are:
– over 16 years old
– a consumer and not a professional reseller
3.2. Purchase procedure
When you submit an order we will send you an e-mail confirming that the order has been received (“Order Confirmation”). At this point, the agreement to deliver the ordered product is accepted by BURKER WATCHES. As a consequence a contract, containing these terms and conditions, comes into existence and is binding between the customer and BURKER WATCHES.
If you do not receive this e-mail, this could be due to a temporary communications problem in the network or an error in the e-mail address entered. In both cases, BURKER WATCHES advises the customer to contact us.
3.3. Refusal of order
Whilst we will use our reasonable endeavors to process all the orders submitted to us, BURKER WATCHES reserves the right not to accept your order for any reason. BURKER WATCHES also reserves the right to cancel a Contract in the following situations, without the obligation to compensate the buyer for any losses other than a refund of the amount received from the buyer:
– in exceptional circumstances that the product appears to be not available or not in stock after we have sent you an order confirmation
– your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
– we have reason to believe the customer is under 16 years old;
– we have reason to believe that the customer is a reseller;
– in the event of misspelling, pricing or other errors or mistakes in the Website information;
– we could not deliver to the address provided by you;
– due to an event outside our control (see art. 8: ‘Force Majeure’)
4. PRICE AND PAYMENT
4.1. Payment and currency
The currency is Euro
4.2. Value Added Tax (VAT)
All prices shown on our website include 21% VAT, in accordance with the applicable legislation in the Netherlands. Please note: non-EU customers may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of such import duties and taxes. Please note that we have no control over these charges and, since they are different for different countries, we cannot predict their amount. We advise customers to contact their local customs office for further information.
4.3. Guaranteed Price
BURKER WATCHES is not obliged to fulfill and/or deliver an order, in case of an error in the presentation of the product or an error in the wording of the specifications of the product and i) it should have been clear to the buyer that the error was a typographical error or ii) in case it should have been clear to the buyer that in the circumstances at hand, it would not be reasonable to expect that the product could be available at the presented price level or with the presented specifications.
4.4. Payment methods
BURKER WATCHES offers a wide variety of payment methods. Our safe payment methods include, amongst others: Klarna, Visa, MasterCard, American Express, IDEAL, and Paypal. For all payments by credit or debit card, the charge will be made online, in other words, in real time, through the payment gateway of the corresponding financial entity, once it has been confirmed that the data sent by the customer is correct.
4.5. Payment security
In order to offer maximum security in the payment system, BURKER WATCHES uses the secure payment systems of the leading financial entities in e-commerce. Therefore, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity.
Delivery of items purchased at our website will be carried out via the postal services and their partners around the world.
In order to avoid any delivery problems (incorrect addresses, nobody at home, etc.), you must fill the address form correctly and it is advisable to leave a contact telephone number in the corresponding field.
Once the order has been handed over to the carrier, BURKER WATCHES will send customers a track and trace code, allowing them to track the order from their computer at any moment until final reception
5.1. Delivery terms
BURKER WATCHES will try everything within its capacities to deliver the order within the expected delivery terms at the delivery address. The customer bears the responsibility for the correct input of the delivery address; in case anything goes wrong with the shipment of an order, due to an error in the delivery address (that can be attributed to the customer), BURKER WATCHES cannot be held responsible for the (partial) loss of the shipment. In case BURKER WATCHES needs additional information regarding a delivery address, the customer may be approached by us to provide additional information. A delay in the delivery may occur in case additional information regarding the delivery address is needed.
5.2. Damaged, incomplete or wrong product(s)
In case a product has been delivered to the customer in damaged or incomplete state, the customer must inform the BURKER WATCHES customer care team as soon as possible (within 24 hours after receiving the order) by e-mail. Subsequently, BURKER WATCHES will properly deal with the matter at hand; the customer must always inform BURKER WATCHES in the aforementioned situation(s) and wait for the instructions of the BURKER WATCHES customer support team. A customer who returns a product in this situation at his own costs, without contacting and awaiting the instructions of our support team, cannot claim the costs he/she made at BURKER WATCHES (not hold BURKER WATCHES responsible for the return shipment that took place without prior consent of BURKER WATCHES).
In case the customer receives a product that the customer did not order, the buyer must inform BURKER WATCHES as soon as possible (within 24 hours after receiving the order). The customer must take care of the return shipment of such a product after receiving return instructions from BURKER WATCHES and BURKER WATCHES will bear the costs of this shipment and must subsequently take care of the shipment of the correct product to the customer.
5.3. Missing items
In case the order that has been shipped or is being shipped by BURKER WATCHES to the customer is missing, went missing, or in case the customer claims that he/she did not receive the order (despite information such as the track & trace data / carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The buyer must fully cooperate with the complaint procedure of the carrier. In case of a shipment that went missing as the result of an error by the carrier (and after the complaint procedure of the carrier has been completed), BURKER WATCHES will either refund the customer or try to re-ship the ordered product.
In case a shipment has not been delivered at the delivery address (or pick-up point) of the customer after 14 days, the customer has the obligation to inform the BURKER WATCHES support team by e-mail within 14 days i.e., ultimately 28 days after the shipment date).
6. EXCHANGES AND RETURNS
Any purchase made through the website www.burkerwatches.com may be returned up to 14 days from receiving the order.
The right to return the product only applies in the case that the product and its original packaging can be returned in the same state as when received. The customer is only allowed to unpack and/or to use the ordered product as far as is needed to be able to determine whether he/she wants to keep the product.
The buyer is responsible for the return shipment of his/her order and bears all the risks related to the return shipment. BURKER WATCHES advises the customers to return a product by insured shipment and in a sealed packaging. In case an insured return shipment goes missing, gets damaged or in case the reception of a returned shipment is denied (for example, in case no valid signature can be shown by the carrier), the customer then has the option to hold the carrier liable. The customer, as the sender of the return shipment, must start the complaint procedure for any issue that may occur with the return shipment. The customer must keep the (official, digital) receipt of his/her return shipment that contains the tracking information.
The shipment costs for a return shipment within the trial period and the shipment costs for a return shipment for a warranty request or repair request (for defects occurring after the customer has used the product), are €5,95.
7. WARRANTY AND REPAIR
BURKER WATCHES offers a warranty of one year from the date of purchase. The one year warranty on a BURKER WATCHES product guarantees the customer that the product meets the standards of usability, reliability and durability. The warranty does not apply to:
- damages as a result of inattention or improper usage such as scratching, bouncing, falling
- failure or damage caused by unjustifiable repair or modification performed by a prior party without prior written permission by BURKER WATCHES
- failure or damage caused by fire or water (all contact with water should be avoided)
- Esthetic changes that occur during normal wear and tear and aging (e.g. alteration of the color of the strap, scratches on the case and/or crystal and peeling of the plating on the case)
In case of questions regarding returns and warranty, the customer can always contact BURKER WATCHES
8. FORCE MAJEURE
BURKER WATCHES shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new / amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to criminal activity that affects activities.
9. PERSONAL DATA AND PRIVACY
BURKER WATCHES complies with the privacy regulations, as recorded in the "Wet Bescherming Persoonsgegevens" (the "Dutch Personal Data Protection Act"). The customer, for example, always has the possibility to see, to amend or to delete his/her personal data, by logging into his/her account on www.burkerwatches.com
BURKER WATCHES will store the data entered by the customer in a file. The data will be used for the purpose of fulfilling the customer's order and will be stored as long as is necessary in order to deal with possible issues regarding the fulfillment of the order. BURKER WATCHES guarantees that all personal data will be handled with care. The customer's personal data will not be shared with any third party, except for purposes of fulfilling the order or for repair purposes. BURKER WATCHES is allowed to use the customers' data to advertise products to the customer.
10. APPLICABLE LAWS
Dutch law applies to all agreements and legal relationships between BURKER WATCHES and the customer, regardless the country from which the customer places an order and regardless the country to which the order will be shipped.