Terms of service

Details 10 over 10
Chamber of Commerce: 78080363
VAT number: NL003316450B87
Bank: NL87 INGB 0006 6268 52

Tel. +31 6 83 82 07 10
www.10-over-10.com
info@10-over-10.com

Article 1. Definitions

1. 10 over 10: 10 over 10, located in Breda as a sole proprietorship under Chamber of Commerce number 78080363
   2. Buyer: the person with whom 10 over 10 has entered into an agreement.
   3. Parties: 10 over 10 and consumer together.
   4. Consumer: a customer who is also an individual and acts as a natural person.

Article 2. Applicability of general terms and conditions

1. These terms apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of 10 over 10.
2. Parties may only deviate from these terms if they have expressly and in writing agreed to do so.
3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the consumer or third parties.

Article 3. Prices

1. All prices that 10 over 10 applies are in euros, including VAT and excluding any additional costs such as administration fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or agreed upon in writing by the parties.
2. All prices that 10 over 10 applies for its products or services, on its website or otherwise made known, may be changed by 10 over 10 at any time.
3. Increases in the cost prices of products or parts thereof, which 10 over 10 could not foresee at the time of making the offer or the conclusion of the agreement, may lead to price increases.
4. The consumer has the right to dissolve an agreement due to a price increase as mentioned in paragraph 3, unless the increase is the result of a legal regulation.
5. 10 over 10 has the right to adjust prices annually.
6. The consumer has the right to terminate the agreement with 10 over 10 (in writing) if the aforementioned party does not agree to the price increase.

Article 4. Payments and payment term

1. 10 over 10 may expect payment to be made online or in advance, unless otherwise agreed in writing, no later than eight (7) days after the invoice or order date.
2. Payment terms are considered fatal payment terms. This means that if the consumer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without 10 over 10 needing to send a reminder or declare them in default.
3. 10 over 10 reserves the right to make a delivery contingent upon immediate payment or to require a guarantee for the total amount of the services or products.

Article 5. Consequences of late payment 

1. If the customer does not pay within the agreed period, 10 over 10 is entitled to charge interest of 1.5% per month from the day the customer is in default, with a portion of a month being counted as a whole month. 
2. When the customer is in default, they are also liable for extrajudicial collection costs and any compensation owed to 10 over 10. 
3. Collection costs are calculated based on the Decree on compensation for extrajudicial collection costs. 
4. When the customer does not pay on time, 10 over 10 may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the customer, the claims of 10 over 10 against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by 10 over 10, the customer is still obliged to pay the agreed price to 10 over 10 .

Article 6. Right of complaint 

1. As soon as the customer is in default, 10 over 10 is entitled to invoke the right of complaint regarding the unpaid products delivered to the customer. 
2. 10 over 10 invokes the right of complaint by means of a written or electronic notification. 
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right applies to 10 over 10, unless the parties make other agreements about this.
4. The costs for retrieving or returning the products are the responsibility of the customer. 

1. Right of withdrawal:
   When purchasing a watch online via 10-over-10.com, the consumer has the right to cancel the agreement within a reflection period of 14 days without giving any reason. This period starts the day after the consumer, or a third party designated by the consumer, has received the watch.
   
2. Exceptions to the right of withdrawal:
   The right of withdrawal is legally excluded for:Watches purchased through a specific, personalized search (outside the fixed stock of 10 over 10), as this concerns custom work.Watches that have been ordered by and delivered to consumers located in countries outside the European Union (EU).Purchases and agreements made or concluded physically at the office of 10 over 10; these sales are final.
   
3. Notification and return period:
   The consumer must notify the exercise of the right of withdrawal via the withdrawal button/form on the website, or by sending an email to info@10-over-10.com. After this notification, the consumer must return the watch to 10 over 10 within 14 days, in accordance with the provided return instructions.
   
4. Consumer obligations during the reflection period:
   During the reflection period, the consumer must handle the watch and packaging carefully. The watch may only be unpacked or used to the extent necessary to establish the nature, characteristics, and functioning of the watch (similar to inspection in a physical store).
   
5. Condition of the returned watch and depreciation:
   The watch must be returned in exactly the same condition as it was sold, including all original documentation, boxes, booklets, hangtags, and accessories. If the watch has been worn, shows signs of use or damage, or is returned incomplete, the consumer is liable for the depreciation in value. 10 over 10 reserves the right to withhold this depreciation from the refund, which may result in the exclusion of a full refund.
   
   Specific conditions are:
6. Leather strap: Only eligible for a full refund if completely unused and undamaged.
7. Metal/gold strap: Only eligible for a full refund if unused, undamaged, and complete (without missing links).
8. Case, bezel, crystal and movement: Must be in the exact same, undamaged and working condition as at the time of sale. Scratches, dents, signs of opening, or internal damage to the movement may result in a full refund being excluded.
   
9. Exclusion for modifications and third parties:
   Watches that have been modified (such as polishing, replacing parts, hands, dial, bezel, crown, or strap)—whether done by the customer themselves, at the specific request of the customer by 10 over 10, or by third parties without prior consultation with 10 over 10—are completely excluded from the right of withdrawal and are not eligible for return or refund.
   
10. Risk and costs of returns:
    The direct costs for returning the watch are entirely the responsibility of the consumer. The transport and return occur until the moment of receipt by 10 over 10 at the risk and responsibility of the consumer. Due to the high value, 10 over 10 requires the consumer to send returns fully insured and with a track & trace code. 10 over 10 is not liable for lost or damaged returns.
    
11. Refund:
    10 over 10 will refund the consumer using the same payment method as the original transaction. The refund will take place within 14 days after the returned watch has been received by 10 over 10 and has been checked for authenticity and condition by a professional watchmaker. Any additional postage, shipping, or value transport costs that 10 over 10 must incur for the return receipt will be deducted from the amount to be refunded.
    
12. Cancellation of Office Appointments (Deposit):
    When a consumer has made a deposit for an office viewing or office purchase, and the consumer decides to cancel the reservation, 10 over 10 reserves the right to withhold this deposit in whole or in part to cover the reserved time and any administrative or transport costs incurred.

Article 8. Right of Suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Article 9. Right of Retention

1. 10 over 10 can invoke its right of retention and in that case retain the customer's products until the customer has settled all outstanding accounts with 10 over 10, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies based on previous agreements for which the customer still owes payments to 10 over 10.
3. 10 over 10 is never liable for any damage that the customer may suffer as a result of exercising their right of retention.

Article 10. Offsetting

Unless the customer is a consumer, the customer waives their right to offset a debt to 10 over 10 with a claim against 10 over 10.

Article 11. Retention of Title

1. 10 over 10 remains the owner of all delivered products until the customer has fully met all their payment obligations to 10 over 10 under any agreement made with 10 over 10, including claims regarding non-compliance.
2. Until the payment obligation has been fully met, 10 over 10 can invoke its retention of title and reclaim the goods.
3. Before ownership has transferred to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
4. If 10 over 10 invokes its retention of title, the agreement is considered dissolved and 10 over 10 has the right to claim damages, lost profits, and interest.

Article 12. Delivery and Receipt

1. Delivery of products ordered online takes place at the address specified by the customer.
2. The customer cannot hold 10 over 10 accountable when an incorrect delivery address is provided, resulting in an incorrect or delayed delivery. The customer is responsible for providing the correct delivery address.
3. At the moment the package ordered by the customer from 10 over 10 is delivered by the carrier to a delivery point/depot, this is also considered official receipt of the order. This also applies if the customer is not present at the specified delivery address during the delivery of the package.
4. If the agreed amounts are not paid or not paid on time, 10 over 10 has the right to suspend its obligations until the agreed part has been paid.
5. In case of late payment, there is a case of creditor's default, resulting in the customer not being able to hold 10 over 10 accountable for a delayed delivery.
   
   Delivery to a natural person
   Packages can only be shipped insured if they are delivered to an address where a natural person is present, such as a residential address or business address. Delivery to a pickup point, pick-up point, or post office is not possible for insured shipping.
   
   Delivery and Responsibility
   Once a package has been handed over by 10 over 10 to the carrier, the further responsibility for transport and delivery lies with the carrier. 10 over 10 is not liable for loss, damage, delays during transport, or delivery to an incorrect address from that moment on.When a package is delivered to the specified address, received by a natural person, or the package is delivered by the carrier to a pickup point, pick-up point, or post office this is considered a successful delivery. From that moment, the responsibility for the package fully transfers to the recipient.

Article 13. Delivery Time

1. The delivery times indicated by 10 over 10 are indicative and do not give the customer the right to cancellation or compensation in case of exceeding them, unless the parties have expressly and in writing agreed otherwise.
2. The delivery time begins at the moment the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from 10 over 10. 
3. Exceeding the specified delivery time does not give the customer the right to compensation nor the right to terminate the agreement, unless 10 over 10 cannot deliver within 14 days after being requested to do so in writing or the parties have agreed otherwise. 

Article 14. Actual Delivery 

The customer must ensure that the actual delivery of the products they ordered can take place in a timely manner. 

Article 15. Transport Costs 

Transport costs are the responsibility of 10 over 10, unless the parties have agreed otherwise. 

Article 16. Packaging and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the carrier or deliverer make a note of this before accepting the product, failing which 10 over 10 cannot be held liable for any damage. 
2. If the customer arranges transport of a product themselves, they must report any visible damage to products or packaging prior to transport to 10 over 10, failing which 10 over 10 cannot be held liable for any damage. 

Article 17. Insurance 

1. The customer is obliged to sufficiently insure and keep insured the following items against, among other things, fire, explosion, and water damage as well as theft, delivered items necessary for the execution of the underlying agreement, items of 10 over 10 present at the customer, items delivered under retention of title.
2. The customer shall provide 10 over 10 with the policy of these insurances for inspection upon first request. 

Article 18. Storage 

1. If the customer accepts ordered products later than the agreed delivery date, the risk of any quality loss is entirely on the customer. 
2. Any additional costs resulting from early or late acceptance of products are entirely the responsibility of the customer. 

Article 19. Warranty 

1. When parties have entered into an agreement with a service or product character, this agreement for 10 over 10 contains only best-effort obligations, no result obligations, except as expressly stated in the warranty conditions.

2. The warranty on watches from 10 over 10 applies only to functional defects of the mechanical movement, as described in the warranty conditions on the websiteThe warranty is valid from the date of receipt of the watch and has a duration of 24 months.

3. The warranty does not apply to: normal wear and tear, damage due to improper or careless use, damage caused by third parties, damage from falling or bumping, damage from the ingress of water or moisture, damage to glass, case, crown, pushers, hands, dial, strap or clasp, battery depletion or replacement, or modifications to the watch without the permission of 10 over 10.

4. The risk of loss, theft, or damage to the watch passes to the buyer at the moment of delivery, or as soon as the watch is actually in the possession of the buyer or a third party designated by the buyer.

5. The complete and current description of the warranty, including the exact exclusions, can be found on the website of 10 over 10 under the heading Warranty and service.

Article 20. Exchanges 

1. Exchanges are only possible if the following conditions are met: 

- Exchanges take place within 7 days of purchase upon presentation of the original invoice.

- The product is returned in the original packaging with the original (price) tags still attached.

-The product has not been used.

1. Discounted items, perishable items such as food, custom-made items, or items specially adapted for the customer cannot be exchanged. 

Article 21. Execution of the agreement 

1. 10 over 10 executes the agreement to the best of its knowledge and ability and in accordance with the standards of good craftsmanship. 
2. 10 over 10 has the right to have the agreed services (partially) performed by third parties. 
3. The execution of the agreement takes place in mutual consultation and after written approval and payment of any agreed advance by the customer.
4. It is the customer's responsibility to ensure that 10 over 10 can start the execution of the agreement on time.
5. If the customer has not ensured that 10 over 10 can start the execution of the agreement on time, any resulting extra costs and/or extra hours will be at the customer's expense.

Article 22. Information provision by the customer 

1. The customer provides all information, data, and documents that are relevant for the correct execution of the agreement in a timely manner and in the desired form and manner to 10 over 10. 
2. The customer is responsible for the accuracy, completeness, and reliability of the information, data, and documents provided, even if they originate from third parties, unless otherwise arising from the nature of the agreement. 
3. If and to the extent the client requests this, 10 over 10 will return the relevant documents. 
4. If the client does not provide, does not timely provide, or does not properly provide the information, data, or documents reasonably requested by 10 over 10, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the client.

Article 23. Duration of the Agreement

1. If an agreement is entered into for a fixed term, it will be automatically converted into an agreement for an indefinite term after the expiration of the term, unless one of the parties terminates the agreement with a notice period of 2 months, or a consumer terminates the agreement with a notice period of 1 month, in which case the agreement will end by operation of law.
2. If the parties have agreed on a term for the completion of certain work during the term of the agreement, this is never a fatal term. In case of exceeding this term, the client must notify 10 over 10 in writing of default. 

Article 24. Intellectual Property 

1. 10 over 10 retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing. 
2. The client may not copy, show to third parties, and/or make available or otherwise use the mentioned intellectual property rights without prior written consent from 10 over 10. 

Article 25. Confidentiality 

1. The client keeps any information he receives (in any form) from 10 over 10 confidential. 
2. The same applies to all other information concerning 10 over 10 of which he knows or reasonably suspects that it is secret or confidential, or which he can expect may cause damage if disclosed.
3. The client takes all necessary measures to ensure that he keeps the information mentioned in paragraphs 1 and 2 confidential as well.
4. The confidentiality obligation described in this article does not apply to information: 

- That was already public before the client became aware of this information or that later became public without this being the result of a breach of the client's confidentiality obligation 

- That is made public by the client based on a legal obligation

1. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its termination. 

Article 26. Penalty clause 

1. If the consumer violates the article of these general terms regarding confidentiality or intellectual property, they forfeit an immediately payable penalty for each violation in favor of the trade name. 

- if the other party is a natural person, this penalty amounts to € 1,000,-
- if the other party is a legal entity, this penalty amounts to € 5,000,- 

1. In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that the violation continues.

No prior notice of default or legal proceedings is required for the forfeiture of this penalty. There also does not need to be any form of damage.

The forfeiture of the penalty referred to in the first paragraph of this article does not affect the other rights of 10 over 10, including its right to claim damages in addition to the penalty. 

Article 27. Indemnification 

The customer indemnifies 10 over 10 against all claims from third parties related to the products and/or services provided by 10 over 10. 

Article 28. Complaints 

1. The customer must examine a product delivered or service provided by 10 over 10 as soon as possible for any shortcomings. 
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify 10 over 10 as soon as possible, but in any case within 1 month after discovering the shortcomings. This can be done by phone or via email at info@10-over-10.com
3. Consumers must notify 10 over 10 no later than 2 months after discovering the shortcomings. 
4. The customer provides as detailed a description of the shortcoming as possible, so that 10 over 10 is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties. 
6. If a complaint relates to ongoing work, this cannot lead to 10 over 10 being required to perform other work than what has been agreed upon.

Article 29. Notice of default 

1. The customer must communicate notices of default in writing to 10 over 10. 
2. It is the customer's responsibility to ensure that a notice of default actually reaches 10 over 10 (in a timely manner).

Article 30. Joint liability of the customer 

If 10 over 10 enters into an agreement with multiple customers, each of them is jointly liable for the full amounts owed to 10 over 10 under that agreement.

Article 31. Liability 10 over 10 

1. 10 over 10 is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or willful recklessness.
2. If 10 over 10 is liable for any damage, it is only liable for direct damage that arises from or is related to the execution of an agreement.
3. 10 over 10 is never liable for indirect damage, such as consequential damage, lost profits, missed savings, or damage to third parties.
4. If 10 over 10 is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative purposes only and are approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Article 32. Limitation Period

Any right of the customer to compensation from 10 over 10 expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Civil Code.

Article 33. Right of Termination

1. The customer has the right to terminate the agreement when 10 over 10 is in default in fulfilling its obligations, unless this shortcoming, given its special nature or minor significance, does not justify termination.
2. If the fulfillment of the obligations by 10 over 10 is not permanently or temporarily impossible, termination can only take place after 10 over 10 is in default.
3. 10 over 10 has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if 10 over 10 becomes aware of circumstances that give it good reason to fear that the customer will not be able to fulfill its obligations properly.

Article 34. Force Majeure

1. In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming of 10 over 10 in the fulfillment of any obligation towards the customer cannot be attributed to 10 over 10 in a situation independent of the will of 10 over 10, which prevents the fulfillment of its obligations towards the customer in whole or in part, or where the fulfillment of its obligations cannot reasonably be demanded from 10 over 10.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to - emergencies (such as civil war, uprising, riots, natural disasters, etc.); poor performance and force majeure of suppliers, couriers, or other third parties; unexpected power, electricity, internet, computer, and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work interruptions. 
3. If a force majeure situation occurs that prevents 10 over 10 from fulfilling one or more obligations to the customer, those obligations will be suspended until 10 over 10 can fulfill them again. 
4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing, in whole or in part.
5. 10 over 10 is not liable for any (damage) compensation in a force majeure situation, even if it derives some benefit from the force majeure situation.

Article 35. Amendment of the agreement 

If it becomes necessary to change or supplement the content of the agreement after it has been concluded for its execution, the parties will timely and in mutual consultation adjust the agreement accordingly. 

Article 36. Amendment of general terms and conditions 

1. 10 over 10 is entitled to amend or supplement these general terms and conditions. 
2. Changes of a minor nature can be made at any time. 
3. 10 over 10 will discuss significant substantive changes with the customer as much as possible in advance. 
4. Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.

Article 37. Transfer of rights 

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of 10 over 10. 
2. This provision is considered a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code. 

Article 38. Consequences of nullity or voidability 

1. If one or more provisions of these general terms and conditions are found to be void or voidable, this does not affect the other provisions of these terms. 
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what 10 over 10 had in mind when drafting the terms in that regard. 

Article 39. Applicable law and competent court 

1. Dutch law exclusively applies to every agreement between the parties.
   
   2. The Dutch court in the district where 10 over 10 is located/operates/offices is exclusively competent to hear any disputes between the parties, unless the law prescribes otherwise.