TERM AND CONDITIONS

  • Article 1 - Definitions

    ‘Seller’ – Pgels, a company with its registered office in Dordrecht, Chamber of Commerce number 72237678.

    ‘Buyer’ - the counterparty of the Seller is referred to as the Buyer in these general terms and conditions.

    ‘Parties’ - the Buyer and the Seller.

    ‘Agreement’ - the agreement refers to the purchase agreement between the Parties.

    ‘Price’ - the price mentioned on the website and the transport costs for the purchase.

    Article 2 - Applicability of general terms and conditions

    These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the Seller.

    Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the Parties.

    Article 3 - Payment

    The full Price is always paid immediately in Seller’s webshop. If the Seller has not received full payment from the Buyer no agreement exists between the Parties and the Seller has no obligations to the Buyer.

    Article 4 - Offers, quotations and price

    Offers are without obligation, unless a term of acceptance is stated in the specific offer. If the offer is not accepted with the term specified in the offer, the offer will expire and become invalid.

    Delivery times on the website are indicative and if they are exceeded do not entitle the Buyer to dissolution or compensation, unless the Parties have expressly agreed otherwise in writing.

    Offers and quotations will be agreed between the Parties expressly and in writing. Offers and quotations do not automatically apply to repeat orders.

    The Price stated on offers, quotations and invoices is including VAT. All other taxes and import/ export duties are for the Buyer’s account.

    Delivery costs are for the Buyer, these costs will be agreed between the Parties and depend on the costs that are charged by the transportation company.

    Article 5 - Right of withdrawal

    The Buyer has the right to cancel the purchase within 14 days after receipt of the order without notice of reasons (right of withdrawal). The term starts to run from the moment the (entire) order is received by the Buyer.

    In the event the Buyer wants to make use of its right to withdraw the Buyer must inform the Seller as soon as possible and in any event within 14 days of the purchase. The Buyer can only make use of his right to return the product if:

    the product is unused, and;

    the product is undamaged, and;

    the product is not unwrapped (plastic coverage is not removed), and;

    the crown-lock is not removed (and has not been removed).

    During the 14 days period, the Buyer will handle the product and packaging with care. The Buyer may unpack the product only to the extent necessary to assess whether the Buyer wants to keep the product.

    If the Buyer makes use of its right of withdrawal the Buyer will return the product with all accessories supplied and in the original shipping packaging to the Seller in accordance with the reasonable and clear instructions provided by the Seller. The costs for returning the product are for the Buyer.

    Article 6 - Completion and transfer of risk

    As soon as the purchased item is sent to the Buyer, the risk passes from Seller to Buyer.

    Article 7 - Research and complaints

    The Seller will deliver the product within a reasonable time. As the Seller will make use of third party transport parties the Seller has no control on the delivery time. After the purchase the Seller will communicate about the delivery and share the track and trace number when available.

    Complaints regarding damage, shortages or loss of delivered goods must be submitted within 5 (five) working days after the day of delivery and must be submitted in writing to the Seller.

    If the complaint is declared well-founded within the stipulated period, the Seller has the right to either repair, redeliver, or to waive the delivery and send the Buyer a credit note for (a part) of the Price.

    Minor and/or industry standard deviations and differences in quality, number, size cannot be accepted as a defect by the Seller.

    Article 8 - Delivery

    Delivery is made 'ex works', this means that all costs are for the Buyer.

    If the Buyer refuses to accept or is negligent in providing information or instructions necessary for delivery, the Seller is entitled to store the item at the Buyer's expense and risk.

    To enable the Buyer to deliver the goods the Seller will need to provide sufficient information for delivery.

    A delivery term specified by the Seller is indicative, this is never a deadline.

    Article 9 - Force majeure

    If the Seller cannot, not timely or not properly fulfill its obligations under the agreement due to force majeure, then he is not liable for damage suffered by the Buyer.

    By force majeure the Parties mean in any case any circumstance which the Seller at the time of entering into of the Agreement could not be taken into account and as a result of which the normal performance of the Agreement cannot reasonably be required by the Buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power failure, flood, earthquake, fire, occupation, strikes, lockouts, changed government measures, transport difficulties, and other disruptions in the Seller's business.

    Furthermore, by force majeure the Parties understand the circumstance that if suppliers on which the Seller depend for the execution of the Agreement do not fulfill the contractual obligations towards the Seller, unless such circumstance is attributable to the Seller.

    If a situation as referred to above occurs as a result of which the Seller does not fulfill its obligations under the Agreement, those obligations will be suspended as long as the Seller cannot fulfill its obligations. If the force majeure event lasts more than 30 calendar days, the Parties have the right to dissolve the Agreement in whole or in part in writing.

    If the force majeure lasts longer than three months, the Buyer has the right to terminate the Agreement with immediate effect in writing.

    Article 10 - Retention of title and right of retention

    The goods remain the property of the Seller until the Buyer has paid the full agreed Price. Until that time, the Seller can invoke its retention of title and the take things back.

    If the agreed Price to be paid in advance are not paid, the Seller has the right to suspend the work until the agreed part has been paid.

    Article 11 - Liability

    Any liability for the Parties related to damages arising from the Agreement is always limited to a maximum of the Price of the purchased goods.

    Article 12 - Warranties

    Seller guarantees that the Goods comply with the Agreement, that it will function without defects.

    The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or when - without permission - the buyer or third parties have made or attempted changes to the goods or have used the goods for purposes for which it is not intended.

    If the warranty provided by the Seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.

    Article 13 - Intellectual property

    Seller retains all intellectual property rights (including copyright, patent law, trademark law, and model law, etc.) on all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, models, etc., unless the parties agree otherwise in writing agreed.

    Article 14 - Amendment of general terms and conditions

    Seller is entitled to amend or supplement these general terms and conditions. Minor changes can be made at any time.

    Seller will discuss major substantive changes with the Buyer if applicable to the Buyer in advance as much as possible.

    Article 15 - Applicable law and jurisdiction

    Dutch law applies to this Agreement and every agreement between the Parties. The competent courts in the Netherlands will have exclusive jurisdiction.

    The applicability of the UN Convention on the International Sales of Goods - CISG (Weens Koopverdrdag) is expressly excluded on this Agreement.

    If one or more provisions of these general terms and conditions are invalid or deemed unreasonable in legal proceedings, are regarded as onerous, the other provisions of this Agreement will remain in full force and effect.

  • Pgels respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal

    data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the

    processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.

    If you require any additional information about the protection of personal data, please visit the website of the Dutch Data

    Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.

    Until you accept the use of cookies and other tracking devices, we will not place any non-anonymised analytical cookies and

    / or tracking cookies on your computer, mobile phone or tablet.

    With the continued visit of this website you accept these terms of use and you accept the use of cookies and other tracking

    systems, unless we have provided for another method of accepting cookies on our website.

    The current available version of this privacy policy is the only version that applies while visiting our website until a new

    version replaces the current version.

    Article 1 - Definitions

    Website (hereinafter: "Website") www.pgels.nl.

    Party responsible for processing personal data (hereinafter: "the controller"): Pgels, established at Palissander 440,

    3315 MZ Dordrecht, The Netherlands, Chamber of Commerce number: 72237678 .

    Article 2 - Access to the website

    Access to and use of the website are strictly personal. You will refrain from using the data and information of this

    website for your own commercial, political or advertising purposes, as well as for any commercial offers, in

    particular unsolicited electronic offers.

    Article 3 - Website content

    All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical

    applications that can be used to operate this website and more generally all the components used on this website, are

    protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means

    whatsoever, of all or just part of it, including technical applications, without the prior written permission of the

    controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement,

    cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.

    Article 4 - Management of the website

    For the purpose of proper management of the site, the controller may at any time:

    suspend, interrupt, reduce or decline the access to the website for a particular category of visitors

    delete all information that may disrupt the functioning of the website or conflicts with national or international

    laws or is contrary to internet etiquette

    make the website temporarily unavailable in order to perform updates

    Article 5 - Responsibilities

    The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website,

    causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible

    for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and

    for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and

    data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you

    visit and what information you seek.

    The controller is not liable for any legal proceedings taken against you:

    because of the use of the website or services accessible via the Internet

    for violating the terms of this privacy policy

    The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your

    connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.

    If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all

    subsequent damages from you.

    Article 6 - Collection of data

    Your personal data will be collected by Pgels .

    Personal data means any information relating to an identified or identifiable natural person (‘data subject’).

    An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an

    identifier such as a name, an identification number, location data, an online identifier or to one or more factors

    specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

    The personal data that are collected on the website are used mainly by the controller in order to maintain a

    (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an

    (electronic) register.

    Article 7 - Your rights regarding information

    Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and

    rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing

    and the right to data portability.

    You can exercise these rights by contacting us at support@pgels.nl.

    Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address

    where we can contact you.

    Within one month of the submitted request, you will receive an answer from us.

    Depending on the complexity and the number of the requests this period may be extended to two months.

    Article 8 - Legal obligations

    In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require

    the personal data collected by the controller, they will be provided to them after an explicit and reasoned request of

    those authorities, after which these personal data do not fall anymore under the protection of the provisions of this

    Privacy policy.

    If any information is necessary in order to obtain access to certain features of the website, the controller will indicate

    the mandatory nature of this information when requesting these data.

    Article 9 - Collected data and commercial offers

    You may receive commercial offers from the controller. If you do not wish to receive them (anymore), please send us

    an email to the following address: support@pgels.nl.

    Your personal data will not be used by our partners for commercial purposes.

    If you encounter any personal data from other data subjects while visiting our website, you are to refrain from

    collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s)

    in question. The controller is not responsible in these circumstances.

    Article 10 - Data retention

    The collected data are used and retained for the duration determined by law.

    The collected data are used and retained for the duration determined by law.

    Article 11 - Cookies

    A cookie is a small text file placed on the hard drive of your electronic device upon visiting our website. A cookie

    contains data so you can be recognized as a visitor when you are visiting our website. It enables us to adjust to your

    needs and it facilitates you to log in on our website. When you visit our website, we inform you about the use of

    cookies. By continuing to use our website you accept its use, unless we ask permission by other means. Your consent

    is valid for a period of thirteen months.

    We use the following types of cookies on our website:

    - Functional cookies: like session and login cookies to collect session and login information.

    - Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors,

    popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors.

    We cannot see who visits our sites or from which personal device the visit has taken place.

    Specifically, we use the following cookies on our website:

    No other cookies

    When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.

    For more information about using, managing and deleting cookies for each electronic device, we invite you to consult

    the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies # faq

    Article 12 - Imagery and products offered

    You cannot derive any rights from the imagery that accompanies any offered product on our website.

    Article 13 - Applicable Law

    These conditions are governed by Dutch law. The court in the district where the controller has its place of business

    has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.

    Article 14 - Contact

    For questions, product information or information about the website itself, please contact: pgels Support,

    support@pgels.nl.

    Artikel 15 - Attribution

  • 1. The use of cookies

    www.pgels.nl uses cookies. A cookie is a small file that is sent along with pages from this website and / or Flash applications and stored by your browser on the hard drive of your computer, mobile phone, smartwatch or tablet. The information stored therein can be sent back to our servers on a subsequent visit.

    The use of cookies is of great importance for the smooth running of our website, but also cookies of which you do not immediately see the effect are very important. Thanks to the (anonymous) input from visitors, we can improve the use of the website and make it more user-friendly.

    2. Permission for the use of cookies

    Your permission is required for the use of certain cookies. No permission is required for the cookies we use. We do this by means of a so-called cookie banner.

    3. The type of cookies and their objectives

    We use the following types of cookies:

    Functional cookies: these allow us to operate the website better and they make our website more user-friendly for the visitor. For example, we store your login details or what you have put in your shopping cart.

    Anonymised analytical cookies: these ensure that an anonymous cookie is generated every time you visit a website. These cookies know whether you have visited the site before or not. Only on the first visit, a cookie is created and on subsequent visits the existing cookie is used. This cookie is only for statistical purposes. For example, the following data can be collected:

    the number of unique visitors

    how often users visit the site

    which pages users view

    how long users view a certain page on which page visitors leave the site

    Personal tracking cookies: these allow us to learn that besides our website have also visited the relevant other website(s) from our network. The resulting profile is not linked to your name, address, e-mail address and the like, but only serves to match advertisements to your profile, so that they are as relevant as possible to you. We ask your permission for these cookies. These cookies are therefore not placed without your permission.

    Social media related cookies: with these cookies websites like Facebook and LinkedIn register which articles and pages you share via their social media sharing buttons. They may also contain tracking cookies that track your surfing behavior on the web.

    Site improvement cookies: these allow us to test different versions of a web page to see which page is best visited.

    4. Your rights with regard to your data

    You have the right to inspect, rectify, limit and delete personal data. You also have the right to object to the processing of personal data and the right to data portability. You can exercise these rights by sending an e-mail to info@pgels.nl. To prevent abuse, we may ask you to identify yourself adequately. When it comes to access to personal data linked to a cookie, we ask you to send a copy of the cookie in question. You can find this in the settings of your browser.

    5. Blocking and deleting cookies

    At any time you can easily block cookies yourself or delete them via your internet browser. You can also set your internet browser so that you receive a message when a cookie is placed. You can also indicate that certain cookies may not be placed. View the help function of your browser for this option. If you delete the cookies in your browser, this may have consequences for the pleasant use of this website. Some tracking cookies are placed by third parties which, among other things, show you advertisements via our website. You can delete these cookies centrally via youronlinechoices.com.

    Please note that if you don't want any cookies, we cannot guarantee that our website still works well. Some functions of the site may be lost or you may not be able to visit the website at all. In addition, refusing cookies does not mean that you will

    site may be lost or you may not be able to visit the website at all. In addition, refusing cookies does not mean that you will no longer see advertisements at all. The advertisements are then no longer tailored to your interests and can therefore be repeated more often.

    How you can adjust your settings differs per browser. Please refer to the help function of your browsing or click on one of the links below to go directly to the manual of your browser.

    Firefox: https://support.mozilla.org/en/kb/cookies-delete-data-delete-websites-stored

    Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform=Desktop&hl=en Internet Explorer: https://support.microsoft.com/en-gb/kb/278835

    Safari on smart phone: https://support.apple.com/en-en/HT201265

    Safari on Mac: https://support.apple.com/en-gb/guide/safari/sfri11471/mac

    6. New developments and unforeseen cookies

    The texts of our website can be adjusted at any time due to continuous developments. This also applies to our cookie statement. Therefore, please read this statement regularly to stay informed of any changes. In blog articles, use can be made of content that is hosted on other sites and made accessible by www.pgels.nl by means of certain codes (embedded content), as with YouTube videos for example. These codes often use cookies. However, we have no control over what these third parties do with their cookies.

    It is also possible that cookies are placed via our websites by others, of which we are not always aware. Do you encounter unforeseen cookies on our website that you cannot find in our overview? Please contact info@pgels.nl. You can also contact the third party directly and ask which cookies they placed, what the reason is, what the lifespan of the cookie is and how they have guaranteed your privacy.

    7. Concluding remarks

    We will have to adjust these statements from time to time, for example when we adjust our website or change the rules regarding cookies. You can consult this webpage for the latest version.

    If you have any questions or comments, please contact info@pgels.nl.

  • The following conditions of use apply to the use of this website (www.pgels.nl). By using making this website, you are deemed to have read and understood the terms of use accepted.

    Use of information

    Pgels strives to always provide correct and current information on this website. Although this information is most possible care, Pgels does not guarantee the completeness, correctness or topicality of the information.

    The legal information on the website is of a general nature and cannot be regarded as a substitute for legal advice.

    No rights can be derived from the information. Pgels accepts no liability for damage that arises from the use of the information or the website, nor from the malfunctioning of the website.

    On the basis of sending and receiving information via the website or via e-mail, a relationship between

    Pgels and the user of the website arise.

    E-mail

    Pgels does not guarantee that e-mails sent to Pgels will be received or processed (on time), because timely receipt of emails cannot be guaranteed. Also the security of e-mail traffic cannot be completely guaranteed by the associated security risks. By email without encryption or password protection by corresponding with Pgels, you accept this risk.

    Hyperlinks

    This website may contain hyperlinks to third party websites. Pgels has no influence on third-party websites and is not responsible for its availability or content. Pgels therefore accepts no liability for damage arising from the use of third-party websites. Intellectual property rights

    All publications and expressions of Pgels are protected by copyright and other intellectual property rights. Except for personal and non-commercial use, no part of these publications and expressions may be used in any way reproduced, copied or otherwise made public, without Pgels' prior written consent has given permission for.

    Attribution

  • This warranty agreement is signed jointly by the Customer and Pgels.

    Pgels treat each product very strictly. A video of the ready-made watches will be sent to the customer for confirmation before shipment after strict QC.

    As the products belong to custom-made products and cannot be re-sold. It is not acceptable for a refund. Pgels are only responsible for the quality problems of the product itself, and are not responsible for other losses caused by the quantity problem, including but not limited to advertising fees, logistics fees, and any other expenses. Minor quality issues arising from the shipment of the product are permitted, and we will be responsible for it. Based on the above, the following warranty agreements are specified.

    1. Quality Issues:

    1.1. Pgels will free exchange if there are any product quality issues within 14 days once the Customer receives the products in the condition the product has not been damaged or used. The Customer needs to send back the watches to Pgels warehouse in The Netherlands, and responsible for the return shipping charge and Dutch import custom tax, Pgels will be responsible for the shipping charge from Pgels company to the customer’s warehouse after exchange. The Customer has to check the quality of the goods after receiving the goods, please do not discard the outer packaging and the wooden frame. If the return occurs, please be sure to restore it according to the original packaging method to ensure the safety of the goods. If the original packaging is damaged and the transportation is damaged, the buyer shall bear all the losses. The problems like dial scale are uneven, case eye skew, asymmetric, scratch on the buckle, etc. Generally belongs to the manufacturing defect, they are covered under warranty.

    1.2. When the Customer received the goods in the first one year, Pgels will serve free repair service for the concerned watches, the Customer needs to send back the watches to Pgels warehouse in The Netherlands, pay Dutch import custom tax, and be responsible for the shipping charge from the Customer’s warehouse to Pgels’s warehouse of The Netherlands. After repairing well, Pgels will send back the watches to the Customer with a prepaid full shipment charge.

    1.3 When the Customer receives the goods in the second year, Pgels will serve free repair service for the concerned watches, and pay half of the shipping charge from the Netherlands to the Customer’s warehouse after repair, the Customer needs to pay

    shipment charge from their own warehouse to the Netherlands and Dutch import tax.

    1.4 When the Customer receives the goods after two years, Pgels will serve free repair service for the problem watches, but the Customer needs to respond to all expenses that include shipment charge of the double side and any tax that happens in the custom. The Customer needs to pay if they need to use any new replacement accessories for the concerning watches.

    2. The Quality issue does not apply in the case of:

    - Theft or loss;

    - Intentional damage;

    - Damages as a result of improper use such as scratching, bumping, or falling; - Normal wear and tear or aging of the used materials;

    - Damages as a result of neglected care.

    - Watch exposed to the environment with extremely high or low temperature, crown not locked, would easily cause moisture or liquid to penetrate into the watch. This kind of mishandling is not within warranty.

    - Different water resistance usage, but all the watches that Pgels made should not be exposed to more than minor splashes of water or to chemical substances such as perfume, cosmetics, and cleaning products.

    3atm water resistance - The watch is resistant to everyday use and light rain. 5atm water resistance - Cold water bath

    10atm water resistance - Swimming and snorkeling 20atm water resistance - Deep-sea diving

    - The Customer acknowledges and agrees that Pgels watch is fragile and will break if not handled with care. The warranty on the watch only relates to demonstrable production errors. Pgels watch should not be exposed to chemical substances such as perfume, cosmetics, and cleaning products as this may lead to discoloration.

    - After the sale, due to a variety of reasons, glass broken or scratched, case scratches, back cover scratches, crown crooks, etc. Generally belongs to the use, not covered under warranty.