GENERAL TERMS AND CONDITIONS

1. What do we mean by parties and terms and conditions?

In these General Terms and Conditions, the following terms shall have the following meanings:

‘TenSen Online’: TenSen Juweliers Marc NV, with registered office at Huidevettersstraat 46, B-2000 Antwerp (BE), registered under company number BE0407.661.108.

'Buyer': any natural person (B2C) or legal entity (B2B) that has or will have a contractual relationship of any kind with TenSen Online.

“Products”: the subject of one or more purchase agreements.

In addition to these General Terms and Conditions, specific terms and conditions may apply to certain services and/or products, if expressly stated. In the event of any differences between these specific terms and conditions and these General Terms and Conditions, the provisions of the specific terms and conditions shall, in principle, take precedence over the General Terms and Conditions, unless otherwise specified. One or more provisions in these General Terms and Conditions may only be deviated from on condition that this has been expressly agreed and documented in writing. In that case, the other provisions of these terms and conditions remain in full force. Any general terms and conditions or purchasing conditions used by the Buyer do not apply. TenSen Online reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders. By using the website or other electronic portal of TenSen Online and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website. TenSen Online may call on third parties when this is required for the proper execution of an agreement with the Buyer. TenSen Online can be reached via “tensen.be”.

2. How is the agreement concluded?

Tensen.be takes the utmost care when posting information online about the characteristics of its products, including technical descriptions based on data from its partners and suppliers, and photos illustrating the products, all to the extent that technical means allow and in accordance with the best standards on the market. Certain characteristics of a product, such as colour, size and others, may differ from the photographs shown on the website upon delivery. An agreement is concluded at the moment that an order confirmation is handed over to the Buyer or, in the case of an offer made via the website, sent by email to the email address provided by the Buyer.

A personalised quotation is valid for two weeks, unless a different period is stated in the quotation. TenSen Online and its Buyer expressly agree that a valid agreement is concluded through the use of electronic forms of communication. In particular, the absence of a regular, digital or electronic qualified signature does not affect the binding force of the offer and its acceptance.

The electronic files of TenSen Online shall, to the extent permitted by law, serve as prima facie evidence. Information, images, verbal communications, statements, etc. relating to all offers and the main characteristics of the products provided by telephone or email shall be reproduced or communicated as accurately as possible.

3. How are prices expressed?

All prices are expressed in euros (and, where applicable, in other international currencies such as GBP and USD) and include VAT and other taxes. If a legal entity acts as the Buyer, the price may be indicated excluding VAT and other taxes. Special offers are only valid while stocks last. The Buyer owes the price that TenSen Online has communicated to it in its confirmation in accordance with Article 2 of these terms and conditions. Obvious or clear errors in the price quotation, such as evident inaccuracies, may also be corrected by TenSen Online after the agreement has been concluded. Delivery costs will be clearly communicated to the Buyer if applicable. Certain payment methods are subject to additional terms and conditions regarding the delivery method and any costs. This will be clearly communicated to the Buyer.

4. How does the payment process work?

The sales prices indicated on the website include all taxes (unless the Buyer acts as a legal entity, B2B). Any shipping costs are payable by the Buyer (if applicable) and are displayed when you check out your digital shopping cart. We reserve the right to change prices at any time, but we undertake to apply the rates indicated on the site at the time of your order. Online orders can be paid for using standard, valid and internationally accepted credit cards and electronic payment methods. It is not possible to choose a payment plan. SSL security measures are in place to ensure that your online payment is secure. If the payment cannot be processed immediately because a financial payment method has been chosen that does not allow for such immediate payment, TenSen Online will set a payment term of 14 days after the invoice date. Invoices are only issued to legal entities (B2B) upon request. Consumers are expressly excluded from this and therefore cannot request an invoice. If the customer does not pay the invoice within this specified period, statutory interest will start to accrue and will be payable without express notice of default.

If tensen.be has not received payment after 3 reminders, the invoice will be transferred to a debt collection agency, which will handle the rest of the procedure. Complaints must be submitted within one week of the invoice date (7 days). Submitting a complaint does not result in a suspension of payment. The Buyer shall also be liable for all judicial and extrajudicial costs of any nature whatsoever incurred by tensen.be as a result of the Buyer's failure to fulfil its (payment) obligations.

If a credit card payment method is chosen, the terms and conditions of the relevant card issuer apply. tensen.be is not a party to the relationship between the Buyer and the card issuer.

5. How will my product be delivered?

We can process your order depending on available stock. In the event that a product you have ordered is out of stock, we undertake to notify you by email within fifteen days of placing your order and to indicate how long it will take for the product to be delivered to you. We will also ask you if you would like a refund if the waiting time is too long for your needs or requirements.

Orders are delivered as quickly as materially possible. tensen.be currently offers one delivery method, namely via Bpost. This means you will receive your order via the postman/taxi post.

tensen.be does everything within its power to respect the stated delivery times. However, tensen.be accepts no responsibility for late deliveries or for orders lost by third parties or due to unforeseen circumstances or force majeure. If an order is not delivered within the specified time, an investigation will be conducted with the carrier, which may take several days. During this period, no refund or replacement shipment can be made. Products that are no longer in stock can be ordered. In the case of an order, a delivery period of up to 30 days after ordering must be taken into account. This maximum delivery period only applies to sales to consumers (B2C). For sales to legal entities, delivery times of several months should be taken into account. The mere exceeding of a (delivery) period does not constitute a default on the part of TenSen Online. It is important that you check your products upon receipt to ensure that they are in accordance with your order and, if this is not the case, to notify tensen.be as soon as possible. All notifications about a delivery that has not arrived on time must be reported by email to info@tensen.be. Returned products will only be accepted if they are in their original condition, i.e. in their packaging, including accessories and instructions for use.

Unless otherwise specified, the maximum delivery period is thirty (30) days (within the Benelux) after receipt of the order, with the exception of payment by bank transfer, in which case the maximum delivery period is 30 days after receipt of payment. The stated delivery time is only an indication, insofar as permitted by the Market Practices Act, and therefore no rights can be derived from it. Deliveries will be made to the address specified by the Buyer during the conclusion of the agreement. Once the products to be delivered have been delivered to the specified delivery address, the risk is transferred to the Buyer.

6. Identity theft and credit card fraud: what are the risks?

To ensure the security of your online transactions, tensen.be works with recognised payment partners and credit card issuers, namely Ogone, Atos Online and iDeal. Payments can be made using the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro, and others that are clearly and unambiguously listed on the website. Online payments are made via a closed security system, which encrypts your bank details when they are sent over the internet (SSL). This minimises the risk of loss or theft of your identity or credit card details. tensen.be will store your identity and transaction details in a secure and encrypted database environment for a period of one (1) year. tensen.be believes it has taken all possible and relevant precautions and therefore acts as a normal, forward-thinking and careful online intermediary. Any identity theft or financial theft cannot therefore be invoked against tensen.be.

7. Defects and complaints

The Buyer is always obliged to carefully inspect the products immediately upon receipt.

Complaints from the Buyer relating to visible defects in the product or delivery must be reported to tensen.be in writing, accompanied by photographic evidence. We recommend that you send your order by registered post and take out insurance with the carrier for the market value of the products. This is in case of theft or loss of the products by the carrier. All return shipments are at the expense of the Buyer.

The Buyer is not entitled to return products for which there are no justified complaints. If the above is not complied with and goods are returned unjustifiably, all costs associated with the return shipment will be borne by the Buyer. In that case, tensen.be is free to store the products with third parties at the expense and risk of the Buyer and/or, at the implicit or explicit request and expense of the Buyer, to return these items to the Buyer.

8. Exchange

The Economic Law Code (WER) stipulates that the Buyer may return the product within a period of 14 calendar days without any consequences, in the sense of penalties or giving reasons. This is referred to as the right of withdrawal. Products that have been custom-designed (goods manufactured according to the consumer's specifications or that have a clearly personal character) are excluded from the application of this right. Examples include various items of jewellery and watches, accessories, costume jewellery and related items that have been custom-made or assembled on request. Such products are therefore not eligible for return.

Returns must be sent by post or another carrier. The cost and risk of returning an order is borne by the Buyer, unless the product is non-compliant. Within the warranty extension period, the customer must return the product to TenSen Online and request a return document via info@tensen.be or download it from our exchange/returns page. Each returned product must have an RMA (Return Merchandise Authorisation) number, at the risk of being returned to the Buyer without being processed.

In the event of valid and legally correct use of the aforementioned right of withdrawal, TenSen Online will ensure repayment of the amount paid by the Buyer to TenSen Online within seven (7) working days, using a payment method chosen by TenSen Online but generally accepted internationally.

No refund will be possible if the right of withdrawal has been exercised unlawfully. In that case, the goods will be returned to the Buyer, at the Buyer's expense and risk, provided that a reasoned statement is given.

9. Warranty

As required by applicable and relevant legal provisions, the products delivered by tensen.be are covered by a statutory warranty. If the delivered item does not comply with the agreement, the Buyer must notify tensen.be as soon as possible. Any compensation resulting from this can never exceed the amount invoiced to the Buyer. Normal wear and tear, accidental or deliberate changes made by the Buyer to the product, failure to present an original invoice, valid proof of payment or the original and validly completed manufacturer's warranty certificate, and various instances of negligence are explicit, but not exhaustive, exceptions to the aforementioned warranty system.

Every watch purchased is also covered by the statutory and official manufacturer's warranty. This may vary per brand depending on the warranty period imposed.

URLs included on the website or other electronic communication portals, which are under the actual control of tensen.be, are to be clicked on and visited by the Buyer entirely at their own risk.

10. Force majeure

In the event of force majeure, tensen.be is not obliged to fulfil its obligations towards the other party. tensen.be is entitled to suspend its obligations for the duration of the force majeure.

Force majeure is understood to mean any circumstance beyond its control that wholly or partially prevents it from fulfilling its obligations towards the other party.

11. Intellectual property

All intellectual property rights and derivative rights remain with tensen.be. These intellectual property rights include copyrights, trademark rights, design rights and/or other (intellectual property) rights, including patentable and non-patentable technical and/or commercial know-how, methods and concepts. The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, unless it concerns purely private use of the product itself.

12. Processing of personal data

The information you provide is necessary for processing and completing orders, and for drawing up invoices and warranty contracts. If this mandatory information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered a violation of the current Terms and Conditions. The Buyer's personal data will only be processed in accordance with the applicable privacy statement, which can be consulted on the tensen.be website. We reserve the right to use your personal digital email data for commercial and marketing purposes. You have the right to unsubscribe from newsletters that have been/are being sent to you at any time. Your bank details will never be used for commercial or marketing purposes.