Terms of service
Last update : May 2024
TERMS AND CONDITIONS OF SALE
1. Scope and Acceptance of the Terms and Conditions of Sale
These Terms and Conditions of Sale (hereinafter “TCS”) apply, in the version in force at the time of the order, to all orders placed by any person (hereinafter “You” or “the Customer”) via the website www.ressencewatches.com (hereinafter “the Site”) with the company RESSENCE BV (Meirbrug 1 - 2000 Antwerp (Belgium) - VAT: BE0828.795.120 - e-mail: hello@ressence.be - phone number: +32 3 446 00 60) (hereinafter “We” or “RESSENCE”).
All our offers, services and deliveries are governed exclusively by these TCS. We object to any general or special conditions that are contrary to or derogate from these conditions unless previously accepted in writing by RESSENCE.
Any order implies prior consultation and full acceptance of these TCS in their entirety. Customers may consult these TCS at any time on the Site and are invited to save and/or print them: [insert link where the TCS may be downloaded]. During each purchase of item(s) on the Site, the Customer must indicate their acceptance of the TCS by clicking on the button “CONFIRM MY PAYMENT AND ORDER”. Validation of the order form, as specified in Article 3.3 below, constitutes an electronic signature which has the same value between the parties as a handwritten signature and is proof of the completeness of the order and of the due date of the sums owed in execution of the said order.
By placing an order on the Site, you are guaranteeing us that you are of legal age and capable of entering into a binding contract and that you have sufficient knowledge of the English language to fully understand these TCS.
Japanese
このサイトで注文を行うことにより、お客様が法定年齢に達しており、拘束力のある契約を締結する能力があること、ならびに本サービス利用規約を完全に理解するのに十分な英語の知識を有していることを保証します。
German
Durch das Aufgeben einer Bestellung auf der Website garantieren Sie uns, dass Sie volljährig und in der Lage sind, einen verbindlichen Vertrag abzuschließen, und dass Sie über ausreichende Kenntnisse der englischen Sprache verfügen, um diese Allgemeinen Geschäftsbedingungen vollständig zu verstehen.
Dutch
Door een bestelling te plaatsen op de Site, garandeert u ons dat u meerderjarig bent en in staat bent om een bindend contract aan te gaan en dat u voldoende kennis van de Engelse taal heeft om deze Algemene Voorwaarden volledig te begrijpen.
RESSENCE may at any time update and modify the TCS. The conditions applicable to the sale of an item to a Customer are those in effect at the time of the conclusion of the sales contract.
2. Information about the Site and accessibility of the Site
The Site www.ressencewatches.com is owned and managed by RESSENCE and hosted by Shopify.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, programmed or not, by RESSENCE or its service providers, for the needs of its maintenance and/or security or in the event of force majeure (as defined below in Article 13). RESSENCE cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
RESSENCE does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, it may determine freely and at its entire discretion any period of unavailability of the Site or its content. RESSENCE cannot be held responsible for problems of data transmission, connection or network unavailability.
RESSENCE reserves the right to modify the Site for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services in a substantial and negative manner, the Customer may be informed of the modifications made, but their acceptance is not requested.
3. Ordering and sales process
3.1. Selection of items by the Customer
On the Site, the Customer selects and validates the identification and quantity of the items they wish to order, within the limits of the mentioned quantities; the said items are added to their “Cart”.
The Customer may, online, freely modify their “Cart” of selected items, delete an item initially selected, modify the quantities ordered or add an item.
3.2. Identification
Once the Customer has completed their selection and wishes to validate the content of their Cart, they may either :
- log in to their Customer account (hereinafter the “Account”), or
- continue as a “guest”.
If the Customer already has an Account, they must log in using their e-mail address and password (which can be reset automatically).
Whether or not they have created an Account, the Customer must provide their name, delivery address, e-mail address and telephone number when placing their order. The Customer may not request a change of address once the order has been placed.
Customer’s identifiers and passwords are strictly personal. Consequently, each Customer undertakes to keep these securely and never to communicate them to third parties. In the event of loss, theft or any fraudulent use of their Account, Customers undertake to inform RESSENCE immediately. RESSENCE may not be held liable for any damage, direct or indirect, caused by fraudulent access to the Account or the Site or the impossibility of accessing it.
The Customer is liable for all actions carried out on the Site using their login and password. Any Customer registered on the Site will be bound by any order placed using their login details, subject to the right of withdrawal (as set out in Article 7 of these TCS).
Non-compliance by a Customer with their obligations under these TCS may result in the suspension or termination of their Account, without prejudice to any damages that RESSENCE NV may claim.
3.3. Order validation
The Customer must validate the delivery method and complete the information required for the order to be dispatched correctly:
- e-mail address
- surname and first name
- address
- postcode
- town
- telephone number
- delivery method
- country of dispatch
- billing address
- delivery address, and
- choice of payment method and payment details.
The Customer may use their delivery address as their billing address or enter a different one.
Once all this information has been duly entered and validated, the price of the items (as defined in Article 5 below) as well as the delivery costs and estimated delivery date are automatically displayed.
The Customer must check the accuracy of their selection before confirming their order. The Customer's order details are then summarised again for final checking.
By clicking on the “PROCEED TO PAYMENT” button, the Customer places a firm order for the item(s) in their shopping Cart. The Customer may only place a binding order after having read and accepted these TCS and the Privacy Policy by clicking on the “CONFIRM MY PAYMENT AND ORDER” button.
3.4. Confirmation of the order by RESSENCE
Once the steps set out in Article 3.3 above have been completed, an acknowledgement of receipt of the order is sent to the Customer by e-mail. The Customer accepts the use of electronic mail for confirmation by RESSENCE of the content of their order. This acknowledgement of receipt of the order does not constitute acceptance of the Customer's order, unless expressly stipulated otherwise.
The sales contract is deemed to have been concluded:
- when the item(s) ordered by the Customer has/have been dispatched and the Customer has received a separate e-mail from RESSENCE informing them of the dispatch of their order;
- in the event of payment by credit card, the sales contract is concluded at the time the Customer's credit card is debited, even if the Customer's credit card is debited before the order is dispatched or before acceptance is expressed by another means;
- in the event of payment by PayPal, Apple Pay or Amazon Pay as provided for in Article 5.3 hereof, the sales contract shall be deemed to have been concluded when the Customer confirms their order on the PayPal, Apple Pay or Amazon Pay site.
The acknowledgement of receipt of the order includes the order number, the total amount of the order, information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the item(s) purchased. This acknowledgement of receipt includes a link to the TCS.
At the time of dispatch of the item(s) ordered to the delivery address chosen by the Customer, RESSENCE sends an e-mail to the Customer informing them of the said dispatch and of the collection of the price.
3.5. Proof of the order
It is expressly agreed between RESSENCE and the Customer that electronic mail will be considered as proof between the parties, in particular with regard to the nature and date of the order.
However, for orders placed on the Site, it is recommended that the Customer also keeps a copy (in electronic format and/or on paper) of the elements relating to their order.
4. Items - Availability
The items are all the products offered for sale by RESSENCE shown on the Site on the day of consultation, subject to availability.
If, despite RESSENCE's vigilance, an item appears to be out of stock, we will inform you by e-mail as soon as possible and will offer you either an item of equivalent quality and value or the cancellation of your order. In the event of cancellation of the order, the amounts you have already paid will be refunded to you within thirty (30) calendar days of cancellation of the order.
The photographs and texts illustrating the items are not contractually binding. If any information is incorrect or inaccessible, please contact us by e-mail at hello@ressence.be.
5. Price and Payment
5.1. The prices of the items are quoted in Euros, inclusive of all taxes and applicable discounts, but excluding delivery costs (which are displayed separately before the order is placed) and foreign exchange costs.
In accordance with the provisions of Article VI.46, §7 of the Belgian Code of Economic Law, the Customer will receive, at the latest at the time of delivery, for each of the items, written confirmation of the price paid, detailing the price per item and the delivery costs payable by the Customer.
5.2. RESSENCE reserves the right to change prices at any time, but the items will in any event be invoiced on the basis of the prices in force at the time the order is placed.
5.3. At the end of the ordering process, the following methods of payment may be offered to you to pay for your purchases.
- credit card (Visa, MasterCard, American Express)
- PayPal, Apple Pay and Amazon Pay secure payment systems.
Regardless of the method of payment you choose, any payment will not be considered final until RESSENCE has received full and effective payment. We do not cover the costs related to payments from countries outside Belgium.
In any event, RESSENCE reserves the right to refuse any order or delivery in the event of :
- an obvious error in pricing
- an existing dispute
- refusal to authorise payment by bank card by banking organisations
- abnormal or abusive returns.
6. Delivery
6.1. The ordered item(s) will be sent to the address indicated by you during the ordering process or to the collection point of your choice. We are not responsible for delays in delivery caused by you providing an incorrect or incomplete address.
6.2. We undertake to deliver the items ordered on the Site as soon as possible after receipt of your payment, using home delivery.
If the recipient is absent at the time of delivery, the transport service provider will contact their on the telephone number provided (which is why a telephone number is compulsory). Unclaimed parcels will be returned to us. We decline all responsibility for delays in delivery caused by the absence of the recipient of the parcel or their failure to be collected within the time limit set for this purpose.
7. Right of withdrawal
As a consumer, you have the right to withdraw from your order and to return, at your expense, the items ordered without giving any reason within a period of 14 calendar days. This period runs from the day after delivery of the order.
You may exercise this right by sending an e-mail to hello@ressence.be or a registered letter to RESSENCE NV - Meirbrug 1 - 2000 Antwerp (Belgium) clearly stating your wish to cancel the purchase. You may use the withdrawal form available here: [link to Withdrawal Form].
In the event of withdrawal, RESSENCE will reimburse you for all payments received, with the exception the direct cost of returning the goods to us and of any additional costs arising from your choice of a more expensive delivery method than the standard one offered.
Items must be returned in their original packaging, in new condition and complete (accompanied by their accessories) to the postal address mentioned above no later than 14 calendar days after you have informed us of your decision to withdraw from all or part of your order. You must keep proof of return. The reimbursement in question will be made without undue delay and, in any event, no later than 14 calendar days from receipt by us of the returned items.
RESSENCE will make the refund using the same method of payment you used for the original transaction, unless otherwise agreed by the parties.
You are responsible for the items until they reach RESSENCE, and RESSENCE will not issue a refund for returned items that have gone astray.
You are expected to handle and inspect the items with due care during the withdrawal period, as you would be permitted to do in a shop. In the event of minor depreciation of the items resulting from handling other than that necessary to establish their nature, characteristics or good working order, the refund will be reduced accordingly.
No right of withdrawal shall apply to:
- damaged, soiled or worn items
- items that are incomplete or not in their original packaging
- items personalised or made-to-measure at the Customer's request.
Items returned in this condition remain at your disposal at RESSENCE and will not be reimbursed.
8. Voluntary return policy
In addition to your legal right of withdrawal mentioned in Article 7 above, RESSENCE guarantees the Customer a period of 30 calendar days to cancel the purchase and return the items purchased on the Site.
To request a return, you can contact us at hello@ressence.be. Please note that returns will need to be sent to the following address: RESSENCE NV – Meirbrug 1 – 2000 Antwerp (Belgium). If your return is accepted, we will send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
The items must be returned by the Customer within 30 calendar days of their delivery, in their original packaging, in new condition and complete (accompanied by their accessories), together with the receipt or proof of purchase and with the attached Return Form duly completed or by an unequivocal statement indicating the Customer's decision to return the items.
Items that are not returned or are returned out of date, incomplete, damaged, unlabelled, soiled or in any other condition that could reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the Customer.
The Customer's legal right of withdrawal under Article 7 is in no way affected by this right of voluntary return. Until the expiry of the 14-day withdrawal period provided for, the provisions mentioned in Article 7 shall apply exclusively.
The refund of the invoiced price of the items returned via the Site will be made to the means of payment used to pay for the order, without undue delay and in any event no later than 14 calendar days following receipt by RESSENCE of the said items. Additional costs paid by the Customer and linked to the choice of a specific delivery method will not be reimbursed.
No voluntary return shall apply to:
- damaged, soiled or worn items
- items that are incomplete or not in their original packaging
- items personalised or made-to-measure at the Customer's request
- sale items
- gift cards.
Exchanges
For technical reasons, it is unfortunately not possible to exchange returned items. The fastest way to ensure that you get what you want is to return us the item(s) and once the return is accepted, to place a new order on the Site.
9. Reservation of ownership
RESSENCE remains the owner of the items until the Customer or the person designated by the Customer takes physical possession of the items.
The Customer does not have the right to resell the items delivered subject to reservation of ownership, except with RESSENCE’s prior written consent.
10. Requests and Complaints
Customer satisfaction is important to us.
We will examine your request as soon as possible and contact you once we have received the documents and/or your request or complaint. You can make it easier for us to deal with your complaint by describing the problem as accurately as possible, and by sending us a copy of the invoice or giving us the order references (order number, customer reference, etc.).
Any complaint relating to an item must be addressed to RESSENCE, by e-mail: hello@ressence.be or by registered letter (Meirbrug 1 - 2000 Antwerp (Belgium)).
11. Guarantee
11.1. As a consumer, you benefit from the legal guarantee for any lack of conformity existing at the time of delivery of the item, provided that it appeared within 2 years of delivery. In this case, you may demand that the item be repaired or replaced or, if these solutions were not feasible or were disproportionate, an appropriate reduction in the price or cancellation of the contract in return for the return of the defective item, under the conditions laid down by law (articles 1649 bis et seq. of the Belgian Civil Code).
To activate this guarantee, you must notify RESSENCE in writing no later than 2 months from the date on which you discovered the defect, failing which your right to make a claim will lapse.
To facilitate the return of the defected item, we advise you to send us photos of the item and of the shipping box by email to hello@ressence.be, quoting the order number, and to keep the provided tracking number.
This guarantee does not apply in the event that the failure results from improper use, external causes, poor maintenance, normal wear and tear or any use that does not comply with the manufacturer's or seller's instructions.
In the event of damage, theft or loss of an item submitted for repair, RESSENCE's liability will in any event be limited to the sale price of the item.
11.2. After the 2-year period, RESSENCE will guarantee the items against hidden defects which render them unsuitable for the use for which they are intended, or which diminish this use to such an extent that you would not have purchased them or would only have paid a lower price for them if you had been aware of them. However, this guarantee shall not apply to hidden defects of which RESSENCE was not aware at the time of sale.
If a hidden defect is found, you are obliged to act promptly and you will have the choice between returning the item affected by a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.
RESSENCE is not obliged to guarantee items against apparent defects, which you could or should have noticed at the time of purchase.
12. Liability
RESSENCE declines all responsibility in the event of stock shortages or unavailability of items.
You declare that you are aware of the use for which the items sold are and must be intended. RESSENCE therefore declines all liability in the event of physical or material damage suffered by the Customer or a third party as a result of an abnormal or inappropriate use of the items, or as a result of a use contrary to their intended purpose. The Customer agrees to indemnify, defend and hold harmless RESSENCE from and against any claim, demand or action, as well as any costs or expenses, arising from any of the aforementioned uses.
You also acknowledge that RESSENCE is only bound by an obligation of means and that it is only liable for its wilful misconduct and gross negligence. In the event that the existence of gross negligence or fraud is demonstrated on the part of RESSENCE, the loss for which you may seek compensation includes only the material damage resulting directly from the fault attributed to RESSENCE, to the exclusion of any other damage, and may not, in any event, exceed the amount actually paid by you in execution of the order.
It is the Customer’s responsibility to find out about any restrictions or customs duties imposed by their country on the ordered items. RESSENCE cannot therefore be held liable if you are faced with any restriction or additional tax to pay as a result of the policy adopted by your country in this respect.
RESSENCE may not be held liable in the event of a failure, breakdown, difficulty or interruption in operation, preventing access to the Site or to one of its functionalities. You are entirely responsible for the equipment you use to connect to the Site. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the websites and data that you consult.
RESSENCE cannot be held responsible in the event of any damage caused to you, to third parties and/or to your equipment :
- due to the connection or use of the Site
- in case of piracy
- as a result of your failure to comply with these TCS.
13. Force majeure
RESSENCE cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of a case of force majeure or fortuitous event.
The following events in particular shall be considered to be cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of its computer system or database when one or other of these events cannot reasonably be directly attributed to it and it is not shown that it failed to take reasonable measures to prevent one or other of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lock-outs, 9) blockades, 10) insurrections and riots, 11) a stoppage in the supply of energy (such as electricity), 12) a failure of the Internet network or the data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or the telecommunications network on which it depends, 15) an act or decision of a third party where this decision affects the proper performance of this contract or 16) any other cause beyond its reasonable control.
After a period of 1 month of interruption due to force majeure, RESSENCE may not fulfil the order, and will reimburse you for any amounts already paid.
14. Protection of personal data and Cookies
We collect personal information from your interactions with us and our website, including through cookies and similar technologies.
The personal data you provide to us is treated with the utmost care and in strict compliance with applicable legislation (including the General Data Protection Regulation - "GDPR"), in full transparency.
To find out more, please consult our Privacy Policy: https://ressencewatches.com/policies/privacy-policy and our Cookie Policy: https://ressencewatches.com/pages/cookie-policy.
15. Intellectual Property Rights
RESSENCE is the exclusive owner of the intellectual property rights applicable to the website and its content (trade names and brands, product designs, texts, photographs, videos, databases, software,…).
The use of the information or of any element or information contained in the website is subject to prior written approval by RESSENCE, except in the case of strictly private use. Any unlawful reproduction or communication to the public of all or part of the website or its protected elements may give rise to prosecution in accordance with the laws in force.
16. Non-Waiver
Neither the failure of RESSENCE at any time to enforce any of the provisions of these TCS nor the granting at any time of any other indulgence towards the Customer shall be construed as a waiver of that provision or the right of RESSENCE subsequently to enforce that or any other provision.
17. Severability
Should any provision of these TCS be considered void or invalid, this shall not affect the other provisions that shall remain in full force and effect to the fullest extent permitted by law.
18. Governing law and Dispute Resolution
These TCS are governed by Belgian law and are subject to the jurisdiction of the courts of Antwerp (Belgium) failing amicable settlement, subject to a specific attribution of jurisdiction arising from a particular applicable law or regulation.
For alternative dispute resolution, we invite you to consult the RAL platform of the European Commission: http://ec.europa.eu/odr.