Terms of Service

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

  • Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
  • Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Ongoing Transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
  • Durable Medium: Any tool that enables the consumer or entrepreneur to store information directed to them personally in a manner that allows future consultation and unchanged reproduction of the stored information.
  • Right of Withdrawal: The consumer’s ability to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance. In these terms the entrepreneur is Frank’s Watches.
  • Distance Contract: A contract concluded within the framework of an organized system for distance selling of products and/or services, without the simultaneous physical presence of the entrepreneur and the consumer, and where exclusive use is made of one or more means of distance communication.
  • Means of Distance Communication: Tools that can be used to conclude a contract, without the consumer and the entrepreneur being physically present in the same space at the same time.
  • General Terms and Conditions: These current general terms and conditions of the entrepreneur.

Article 2 – Identity of the Administrator

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order entered into between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed, prior to the conclusion of the distance contract, that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, the consumer shall be informed where to access them electronically and that they will be sent free of charge upon request.

If specific product or service terms apply in addition to these terms, the preceding paragraphs apply accordingly. In the event of conflicting conditions, the consumer may rely on the provision most favorable to them.

If any provision of these terms is at any time wholly or partially invalid or annulled, the remaining provisions shall remain in force. The invalid or annulled provision shall be replaced by a provision that most closely reflects the original intent.

Situations not covered by these terms shall be interpreted in the spirit of these general conditions.

Uncertainties regarding interpretation or content of any provision shall also be interpreted in the spirit of these general conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated.

The offer is non-binding. The entrepreneur reserves the right to modify or revise the offer.

The offer includes a complete and accurate description of the products and services offered. Descriptions are sufficiently detailed to allow proper consumer evaluation. Images used by the entrepreneur are a true representation of the offered products or services. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and may not serve as grounds for compensation or contract termination.

Product photos reflect actual products as accurately as possible. However, exact color matching cannot be guaranteed.

Each offer clearly states the rights and obligations tied to its acceptance, especially:

  • The price, excluding customs clearance fees and import VAT, which are borne at the customer’s risk and expense. The postal or courier service may apply special import rules when shipping into the EU. VAT and customs clearance fees may be charged to the recipient.
  • Any applicable shipping costs.
  • The manner in which the contract will be concluded and what actions are required.
  • Whether the right of withdrawal applies.
  • Method of payment, delivery, and contract execution.
  • The time frame for accepting the offer or the validity of the price.
  • The cost of distance communication if calculated differently than the standard rate.
  • Whether the contract will be archived and if so, how the consumer can access it.
  • How the consumer can check and correct submitted information before finalizing the contract.
  • Available languages for the contract besides Dutch.
  • Any codes of conduct the entrepreneur has agreed to and how the consumer can review them electronically.
  • The minimum duration of a distance contract in the case of an ongoing transaction.
  • Optionally: available sizes, colors, and material types.

Article 5 – The Contract

Subject to Article 4, the contract is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer pays electronically, suitable security protocols will be applied.

The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations and assess other factors relevant to responsibly entering into the distance contract. If there are valid reasons not to enter into the contract, the entrepreneur may refuse the order or attach special conditions.

The entrepreneur shall provide the following information to the consumer, either in writing or in a durable format:

  • The business address or channel where the consumer can send complaints.
  • Conditions and procedures for exercising the right of withdrawal, or a clear statement if withdrawal is excluded.
  • Information about warranties and existing customer support.
  • Details listed in Article 4(3), unless already provided.
  • Conditions for terminating the contract if it lasts more than one year or is indefinite.

In the case of an ongoing transaction, the above applies only to the first delivery.

Every contract is subject to availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to terminate the agreement without providing any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur along with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or via email. After notifying the entrepreneur of the withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, such as a shipping receipt.

If the consumer has not expressed their intention to use the right of withdrawal, or has not returned the product to the entrepreneur within the required periods, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they shall bear the cost of returning the products.

If the consumer has made a payment, the entrepreneur shall reimburse the amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the returned product has been received by the entrepreneur or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described below. Exclusion is only valid if clearly stated in the offer, or at least in good time before concluding the agreement.

Exclusion is only possible for products:

  • Made according to the consumer’s specifications.
  • Clearly personal in nature.
  • That cannot be returned due to their nature.
  • Liable to deteriorate or expire rapidly.
  • Whose price depends on fluctuations in the financial market beyond the entrepreneur’s influence.
  • Individual newspapers or magazines.
  • Audio or video recordings and computer software if the consumer has broken the seal.
  • Hygiene products where the seal has been broken by the consumer.

Exclusion is only possible for services:

  • Relating to accommodation, transport, restaurant business, or leisure activities if performed on a specific date or during a specified period.
  • That have already commenced with the explicit consent of the consumer before the end of the withdrawal period.
  • Related to betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the offered products and services shall not be increased, except for changes due to VAT rates.

Notwithstanding the above, the entrepreneur may offer products or services whose prices are subject to financial market fluctuations beyond the entrepreneur’s control at variable prices. This linkage and the fact that any stated prices are target prices must be stated in the offer.

Price increases within 3 months after the contract is concluded are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if:

  • They result from statutory provisions or regulations, or
  • The consumer has the right to cancel the agreement as of the day the price increase takes effect.

According to Section 5.1 of the 1968 Turnover Tax Act, the place of delivery is where the shipment begins. In this case, delivery takes place outside the EU. As a result, the postal or courier company may charge import VAT or customs clearance fees to the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of a pricing error, the entrepreneur is not obligated to deliver the product at the incorrect price.

Special customs and import fees are not included in the price and must be paid by the customer.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and services conform to the agreement, the specifications stated in the offer, reasonable standards of soundness and usability, and the legal requirements and government regulations in effect at the time of contract formation. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement.

Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period is equivalent to the manufacturer’s warranty period. The entrepreneur is never liable for the final suitability of the products for each individual use by the consumer, nor for any advice given about the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired or modified the delivered products themselves or had them repaired or modified by a third party.
  • The delivered products were exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions provided by the entrepreneur and or included with the packaging.
  • The defect is wholly or partly the result of regulations imposed or to be imposed by authorities regarding the nature or quality of the materials used.

Article 11 – Sizing and Customer Responsibility

Size Standardization

The sizes that customers provide during the ordering process may be automatically converted to match our store’s standardized sizing system. This conversion is made to ensure consistency across all products.

Reference to Size Guide

Customers are strongly encouraged to consult our size guide before making a purchase.

Customer Responsibility

Customers acknowledge and accept responsibility for reviewing the size guide before completing their purchase. We encourage verification via the guide or by contacting customer support for assistance.

No Liability for Incorrect Fit

Frank’s Watches is not responsible for sizing issues resulting from an incorrectly ordered size. While we strive for accurate conversions, variations may occur depending on brand, material, or product design.

Article 12 – Delivery and Fulfillment

The entrepreneur will exercise the utmost care when receiving and fulfilling product orders.

The place of delivery is the address provided by the consumer.

Subject to Article 4, accepted orders will be fulfilled with appropriate speed but no later than within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order was placed. In such a case, the consumer has the right to terminate the contract at no cost and may be entitled to compensation.

In the event of termination as described above, the entrepreneur shall refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly communicated that a replacement item is being supplied. The right of withdrawal may not be excluded for replacement items. Any return shipping costs will be borne by the entrepreneur.

The risk of damage to and or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 – Ongoing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period regarding the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract regarding the regular delivery of products or services at the end of the specified term, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may modify the agreements referred to above so that:

  • Termination is possible at any time and not restricted to a specific time or period.
  • Termination may occur in the same manner as entry into the agreement.
  • The same notice period applies as stipulated for the entrepreneur.

Renewal

A fixed-term contract involving the regular delivery of goods or services may not be tacitly extended or renewed for a fixed duration.

Notwithstanding the above, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended contract at the end of the extension with a notice period not exceeding one month.

A fixed-term contract for the regular delivery of goods or services may only be renewed for an indefinite period through tacit agreement if the consumer may terminate the contract at any time with a notice period not exceeding one month, or with a notice period not exceeding three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines but less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines by way of an introduction shall not be tacitly continued and will automatically end at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed duration.

Article 14 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days from the start of the cooling-off period referred to in Article 6.1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obligated to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge the consumer reasonable costs made known in advance.

Article 15 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the deficiencies.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the operator’s obligations unless the operator indicates otherwise in writing.

If the operator considers the complaint to be valid, the operator will, at their discretion, either replace or repair the delivered products free of charge.

Article 16 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by the laws of Hong Kong, even if the consumer resides outside Hong Kong.