Terms and Conditions
Last updated: May 2018
Please read these General Terms and Conditions carefully. These General Terms and Conditions are applicable to any order placed through the Site or BAUME’s Customer Contact Centre. Please note that before placing an order for products or services, you will be asked to agree to these General Terms and Conditions. If you do not agree to these General Terms and Conditions, then you will not be able to order any products or services through the Site. Sales concluded through physical points of sale (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these General Terms and Conditions.
1.1 Products sold through the Site are sold to you by ModusLink B.V. ("Trader" or "us").
Trader's contact information is as follows:
Chamber of Commerce: 08055138 in Apeldoorn, Netherlands.
If you have any questions or comments, or matters generally, please contact BAUME’s Customer Contact Centre:
US & Canada toll free number: 1 800 990 3603
United Kingdom, Germany, France, Spain & Italy toll free number: 00800 13 777 778
International number: +31 1030 11 222
We may make changes from time to time to these General Terms and Conditions so please check back regularly to keep informed of updates. The latest version of these General Terms and Conditions will always be available on the Site. Any new version of these General Terms and Conditions shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the General Terms and Conditions made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
3.1 These General Terms and Conditions apply to every offer of Trader and every contract concluded between Trader and you.
3.2 Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified on the Site, may order products through the Site. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these General Terms and Conditions.
3.3 By placing an order via the Site, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
4. PRODUCT AVAILABILITY & QUANTITY
4.1 All orders placed through the Site are subject to availability and acceptance of such orders by us. Products shown on the Site, which cannot be added to the shopping bag, are not available for sale via the Site. BAUME’s Customer Contact Centre can provide more information as regards these products.
4.2 Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
5. ORDERING AND CONTRACTING
5.1 To place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).
5.2 You will be asked before the order confirmation to expressly accept these General Terms and Conditions and you represent and warrant that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.
5.3 After receipt of your order confirmation, we will send to you, without undue delay, an acknowledgement of receipt and the confirmation by email that we have shipped the product and/or the third party service provider has started to provide service to you. Note that we will only deliver products or services to your address. We will inform you by email if, due to circumstances not within the Trader’s reasonable control, a product and/or a service you ordered is unavailable or if we will be unable to ship a product and/or provide the service within the estimated delivery dates.
5.4 All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.
5.5 We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these General Terms and Conditions.
6. PERSONALIZED SERVICES
6.1 We offer Personalized Services on the Site (the right to configure watches).
6.2 We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.
6.3 In addition, orders for personalized products cannot be cancelled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these General Terms and Conditions except as set out below. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section for further information).
7. RETURNS AND EXCHANGES
Right to cancel:
7.1 You have the right to cancel the contract created by our written order confirmation without giving any reason fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order, without incurring any other costs. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.
7.2 To cancel the contract, you must inform us of your decision to rescind this contract by an unequivocal statement by writing to BAUME’s Customer Contact Centre. You may use the attached model rescission form, but it is not obligatory. You may also electronically submit the model rescission form or any other unequivocal statement on our website using our Contact Page, in which case we will communicate to you an acknowledgement of receipt of your cancellation request by email.
7.3 Products that have been purchased through the Site may only be returned to us at ModusLink BV, Smakterweg 100, 5804 AM, Venray, The Netherlands. To return a product to us, you must follow the steps mentioned below:
- Call BAUME’s Customer Contact Center. You may be asked at this stage to provide information about the product for us to make a first assessment of the con-dition of this product;
- BAUME’s Customer Contact Center will provide you with a return merchandize authorization (RMA) number prior to returning your product;
- Arrange for the product (or products) to be returned to ModusLink BV, Smakterweg 100, 5804 AM, Venray, The Netherlands. We recommend that you use a carrier that allows tracking and monitoring of delivery status for your returns;
- You must include in the delivery package, the completed return form along with the product, all its accessories, any free items you received as part of your order, the Service Guide, the Warranty Card and all other documents, in their original box.
7.4 You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by ModusLink BV will be eligible for a refund.
Condition of Returned Products
7.5 We will verify that the returned product satisfies the conditions of the returns and exchanges policy and, if so, then proceed with the applicable refund or exchange.
7.6 Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box and delivery package, including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
7.7 If you have received free items as part of your order, they must be returned with the products.
7.8 All returns will be subject to strict Quality Control (“QC”) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.
7.9 Failure to comply with these General Terms and Conditions will entitle us to refuse the returned product and send it back to you, at your own cost.
7.10 You may return a product purchased through the Site for refund, provided that the return complies with these General Terms and Conditions, in particular with (a) Right to Cancel and (b) Return Process above.
7.11 Where we process your return, we shall reimburse to you all payments received from you, including, if applicable, the costs of delivery (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel your order, or if you are returning a product, 14 days from the day we physically accept the return of your product. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest.
7.12 You shall only bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
7.13 In the following situations you do not have a right to cancel the contract:
- service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of rescission once the contract has been fully performed by us; and
- the supply of products which are, after delivery, according to their nature, inseparably mixed with other items.
8. DELIVERY AND EXECUTION
8.1 Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products and/or commence provision of services to you without undue delay, and in any event within 30 days from the date of our written confirmation of order & shipment.
8.2 If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written confirmation of order & shipment or any other time limit as indicated by us, you may contact the BAUME’s Customer Contact Centre to cancel the relevant order and get a refund of any sums you prepaid us for any products which you have not received.
8.3 The above shall not be applicable to sales contracts and/or services contracts where delivery or commencement within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is es-sential. In those cases, if we fail to deliver the products and/or services at the time agreed upon with you or within the time limit set out in clause 8.1, you shall be entitled to terminate the contract immediately.
8.4 Upon termination of the contract in accordance with clause 8.2, we shall, without undue delay and at the latest within fourteen (14) days from the order cancellation, reimburse all sums paid under the contract. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a re-fund of sums you pre-paid us for any products which you have not received.
8.5 When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
8.6 Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in the Netherlands. If any products in your shopping cart indicate “Pre-Order“ as the status, your entire order will be delayed until all of the items in your or-der are in stock. You will receive a shipment confirmation email with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the Site. All shipments are made by an independent third party carrier indicated on the Site. Shipping dates on the Site are estimates and are not binding. We will inform you by email upon shipment of a product. In case of conflict between this clause 8.6 and another part of clause 6, that other part shall prevail.
8.7 Subject to clause 8.8, the title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.
8.8 Title to all products shall only pass to you when we have received final payment in full.
9. PRICE AND PAYMENT
9.1 All prices shown on the product pages of the Site exclude sales taxes, shipping costs and other taxes unless otherwise stated. When the price indicated on the Site does not in-clude taxes, duties and/or custom fees applicable to the destination you have selected, you will be informed during checkout before proceeding to payment. It is your responsibility to pay such taxes and/or customs duties at your own expense as well as to fully comply with the applicable regulations.
9.2 The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order.
9.3 Sales, use or other taxes will vary based on the location to which products are being shipped.
9.4 We reserve the right to modify prices and delivery costs at any time without prior notice.
9.5 We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Site or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writ-ing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
9.6 Please note that changes to applicable law between the date your order is placed and the date you are sent a written confirmation of order & shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
10. WARRANTY AND YOUR CONSUMER RIGHTS
10.1 We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
10.2 In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Gen-eral Terms and Conditions.
11.1 To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and Site whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
11.2 Nothing in these General Terms and Conditions limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these General Terms and Conditions for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hun-dred percent (100%) of the price of the product(s) in your order.
11.3 Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
12. GENERAL PROVISIONS
12.1 If any provision, or part of a provision, of these General Terms and Conditions is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these General Terms and Conditions shall be unaffected and shall continue to be fully valid, binding and enforceable.
12.2 These General Terms and Conditions (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
12.3 We are not responsible for any failure or delay in performing or complying with our obligations under these General Terms and Conditions which arises from any cause beyond our reasonable control.
12.4 The waiver by us of a breach of any provision of these General Terms and Conditions will not operate to be interpreted as a waiver of any other or subsequent breach.
12.5 This contract is between us and you. No other person shall have any rights to enforce any of its terms.
13. GOVERNING LAW
13.1 These General Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Trader has its registered office, without reference to conflict of laws provisions (“applicable laws”). Any dispute, controversy or claim arising out of or in relation to the General Terms and Conditions, including the validity, invalidity, breach or termination of the General Terms and Conditions, shall be adjudicated or arbitrated in accordance with the General Terms and Conditions. Where the applicable laws are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
13.2 You may bring proceedings against us either in the courts of the country in which the Trader has its registered office or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.
13.3 Without any restriction to bring proceedings before a court, you and Trader will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the General Terms and Conditions or any breach thereof.
13.4 The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.