Terms & Conditions

In these General Terms and Conditions, the following definitions shall apply:

Pertempus (PERTEMPUS.nl): The enterprise established in Almere, registered with the Dutch Chamber of Commerce (KvK) under number 62357956, VAT number NL854785413B01, which sells (pre-owned) watches and related items. Hereinafter referred to as: "Seller". Email address: info@pertempus.nl.

Buyer: The natural person or legal entity that enters into an Agreement with the Seller.

Consumer: A Buyer who is a natural person and who is not acting in the exercise of a profession or business.

Agreement: Any arrangement or contract between the Seller and the Buyer for the supply of products.

2.1 These General Terms and Conditions apply to all offers, quotations, orders, and agreements made via PERTEMPUS.nl, as well as whenever parties enter into negotiations regarding the purchase or sale of products.

2.2 By placing an order or entering into an agreement, the Buyer explicitly agrees to be bound by these terms and conditions.

2.3 Deviations from these terms and conditions shall only be valid if they have been explicitly agreed upon in writing.

2.4 The applicability of any purchasing or other (own) terms and conditions of the Buyer is hereby explicitly rejected and dismissed.

3.1 All offers made by Pertempus are non-binding and subject to availability (while stocks last).

3.2 An agreement is only formed after Pertempus has confirmed the order in writing (via email or another written method), or at the moment Pertempus actually commences the execution thereof.

3.3 The Buyer declares that they are at least 18 years of age. Pertempus reserves the right to refuse or cancel an order on the following grounds:

• In the event of an obvious technical and/or typographical error in the price or product specifications on the website at the time of the order;
• Due to a lack of availability of the product (in which case the Buyer shall receive a full refund);
• If the Buyer is a minor (or if there is an indication thereof);
• If there is an indication that the order has been placed for commercial resale purposes;
• If Pertempus is unable to deliver the product or to deliver to the specified address;
• Upon suspicion of a fraudulent payment.

4.1 The watches and accessories offered by Pertempus are predominantly pre-owned (used, worn) luxury goods. The Buyer acknowledges and accepts that signs of wear may be present.

4.2 Pertempus exercises the utmost care in providing accurate product information, descriptions, and images. However, images and specifications are indicative and serve illustrative purposes only; Pertempus shall not be liable for minor deviations or omissions.

4.3 All watches are thoroughly inspected in advance by experts. Pertempus guarantees 100% authenticity of the watches sold. Where necessary, watches are cleaned, serviced, or overhauled prior to sale.

4.4 Pertempus shall not be held liable for incorrect information contained in the original paperwork provided with the product by third parties or manufacturers. If a product is sold without original papers, Pertempus cannot be held liable for the exact age of the product, and no firm warranty is provided in this regard.

5.1 All prices listed are stated in Euros (€) and include VAT, unless stated otherwise. For used goods (margin goods), the VAT is not specified separately on the invoice, in accordance with the statutory margin scheme (margeregeling).

5.2 Prices exclude shipping, insurance, and any customs duties, unless explicitly stated otherwise. Shipping costs will be added to the order based on the country of destination.

5.3 If an obviously incorrect price has been communicated and has not been corrected prior to delivery, Pertempus reserves the right to cancel the order and refund the payment.

5.4 Payment must be made fully in advance via the payment methods offered by Pertempus (such as iDEAL, direct bank transfer, or debit card payment). Cash payments are accepted up to a maximum of €10,000.00 (or the legally applicable maximum).

5.5 Orders will only be shipped or handed over after receipt of full payment. All products remain the sole property of Pertempus until full payment has been received. In the interim, products remain available for sale on the website.

6.1 Delivery shall take place via insured and traceable shipping by recognized carriers to the address specified by the Buyer, or via collection by appointment at the location of Pertempus. Deliveries will not be made to PO Box addresses.

6.2 Transfer of Risk: If the Buyer is a Consumer, the risk of loss or damage transfers to the Consumer at the moment the product is physically placed in the possession of the Consumer (or a third party designated by them). In the case of business buyers, the risk transfers at the moment of handover to the carrier.

6.3 Specified delivery times are indicative. Pertempus shall not be liable for the consequences of delayed delivery or loss caused by the carrier, due to an error by the Buyer (such as an incorrect address), or due to force majeure.

6.4 If a package has not arrived after shipment, Pertempus will initiate an investigation with the carrier. During this investigation period (which may take several days to weeks), no interim refund or redelivery will take place.

6.5 Deliveries outside the Netherlands may be subject to import duties, taxes, or customs fees in the receiving country. These costs and the risks regarding any local import restrictions are entirely for the account and responsibility of the Buyer. Pertempus shall under no circumstances refund import duties or foreign taxes.

7.1 If the Buyer is a Consumer and the agreement was concluded at a distance (online via the website), the Consumer has a statutory cooling-off period of 14 days to dissolve the agreement without giving reasons.

7.2 This 14-day period commences on the day after the Consumer (or a pre-designated third party) has physically received the product.

7.3 During the cooling-off period, the Consumer shall handle the product and its packaging with the utmost care. The product may only be unpacked or handled to the extent necessary to establish the nature, characteristics, and functioning of the product (trying it on for fit is permitted; wearing or using it is not).

7.4 To exercise the right of withdrawal, the Consumer must notify Pertempus in writing (via email) within the 14-day period at info@pertempus.nl.

7.5 The product must be returned undamaged, unused, in its original state and packaging, including all delivered accoutrements (such as the box, papers, tags, and accessories) in accordance with the instructions provided by Pertempus.

7.6 Costs and Risk: The costs and risk of the return shipment are entirely for the account of the Buyer. Pertempus will not reimburse additional shipping or insurance costs for the return shipment. Pertempus reserves the right to refuse the return shipment or to charge a depreciation fee if the product is damaged, has been worn, or is returned incomplete.

The right of withdrawal is explicitly excluded in the following cases:

• Purchases made by business buyers (non-consumers);
• Products manufactured or modified according to specifications of the Buyer (customization, special orders, or modifications made to the watch);
• Watches sold on commission/consignment (on behalf of a third party);
• Purchases physically made or collected at the location of Pertempus.

9.1 If a watch is still covered by an active manufacturer's warranty, such manufacturer's warranty shall prevail, and the Buyer must address their claim directly to the manufacturer or an authorized dealer.

9.2 If the manufacturer's warranty has expired, Pertempus provides a limited warranty of 12 months on the mechanical operation of the movement (under conditions of normal use), calculated from the date of delivery.

9.3 The warranty provided by Pertempus is strictly personal and tied to the Buyer; it cannot be transferred to a subsequent buyer.

9.4 Warranty Exclusions: The warranty explicitly excludes:

• Normal wear and tear (to the watch strap, case, clasp, or crystal);
• Water damage or moisture damage;
• Damage caused by dropping, impact, theft, or other improper/incorrect use;
• Batteries, crowns, pushers, and other external components.

9.5 Any claim under the warranty shall lapse immediately if third parties (or the Buyer themselves) perform repairs, modifications, or adjustments to the watch without the prior explicit written consent of Pertempus.

10.1 The Buyer is obliged to inspect the delivered product immediately upon receipt.

10.2 Complaints regarding visible defects, damage, or non-conformity (failure to match the description) must be reported via email within 7 days of discovery or receipt, accompanied by proper substantiation and photographs. After the expiry of this period, the right to file a claim shall lapse.

11.1 The total liability of Pertempus due to an attributable failure to perform the agreement, or on any other legal basis, shall at all times be limited to compensation for direct damage up to a maximum of the net purchase price of the product concerned (excluding VAT and shipping costs).

11.2 Pertempus shall never be liable for indirect damage, consequential damage, loss of profit, missed savings, loss of data, or damage due to business interruption.

11.3 Following physical delivery and acceptance of the products, Pertempus shall not be liable for damage arising from the subsequent non-functioning of the products, subject to the warranty provisions in Article 9.

11.4 The Buyer fully indemnifies Pertempus against all third-party claims, as well as damages and costs arising from a breach of these terms and conditions by the Buyer or misuse of the Buyer's website/accounts.

12.1 Pertempus shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations if caused by force majeure or events beyond its reasonable control.

12.2 Force majeure shall include, but is not limited to: natural disasters, fire, floods, severe weather, explosions, war, acts of terrorism, government measures, strikes, failures or disruptions in public utilities, disruptions in IT systems or the website caused by third parties (cyberattacks), and delays or non-performance by suppliers, manufacturers, or transport companies.

13.1 Pertempus processes the personal data of the Buyer strictly in accordance with the General Data Protection Regulation (GDPR / AVG).

13.2 Personal data will exclusively be used for the correct execution of the agreement, fraud prevention, providing shipping updates, and—provided the Buyer has explicitly consented thereto—for future commercial updates and offers.

13.3 Data will be treated confidentially and will not be disclosed to third parties, unless necessary for the execution of the agreement (such as providing the address to the carrier).

If any provision or paragraph of these General Terms and Conditions or any part of the agreement is declared invalid, unlawful, or unenforceable by a court or competent authority, such provision shall be severed solely to that extent. The remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

15.1 All rights, obligations, offers, orders, and agreements to which these terms and conditions apply, as well as these terms and conditions themselves, shall be governed exclusively by Dutch law.

15.2 All disputes between the parties shall, in the first instance, be submitted exclusively to the competent court in the judicial district of the Midden-Nederland District Court (Almere Region), the Netherlands, unless a mandatory statutory provision (such as in certain consumer matters) dictates a different jurisdiction.