The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’) and ‘Ticktage’ (hereafter also referred to as ‘We’) a trade name belonging to the company Ticktage S.L., a limited liability company governed by Spanish law, with VAT number ESB88052519. Our address is Velazquez 126 7D, 28006 Madrid, Spain.
Article 1 Applicability
1.1 These Terms & Conditions apply to all offers, orders and agreements done by
“Ticktage”. No agreement can be created without your agreement of
these Terms & Conditions.
1.2 These Terms and Conditions are the only terms and conditions that are
applicable and replace all other terms and conditions, except in the case of
express, written, prior dispensation. We maintain that, by confirming your
order, you have read and do unreservedly accept our terms and conditions.
Article 2 Our contract
2.1 By placing an order, you are declaring that you are 18 years of age or over.
2.2 When you submit an order, your order represents an offer to us to purchase
the products. This does not mean that your order has been accepted.
2.3 All orders are subject to acceptance by us. If we accept your order we will
confirm our acceptance by sending you an order confirmation by e-mail. The
contract between us will only be formed when we send you the order
confirmation. Any products forming part of the same order, which we have not confirmed in the order confirmation, do not form part of that contract.
2.4 We have the right to cancel or refuse to accept an order on, inter alia, the
- In the event of a technical and/or typing error in the process or other details of products contained on the website when the order was placed,
- Due to a lack of availability,
- When there are reasons to indicate that you are a minor,
- When there are reasons to indicate that the orders are for resale purposes,
- If we were unable to deliver the product(s) to the address provided.
2.5 If an order is cancelled or not accepted, we will inform you at the earliest
opportunity. If we already have received payment for such order, we will
refund the applicable amount.
2.6 All products will remain available for sale on our website until we have
received full payment.
2.7 If a product should become unavailable after your order had been confirmed and paid for, we will refund the price you paid.
Article 3 Price and Payment
3.1 All prices are in euros including VAT (where applicable) at the current rates and excluding shipping costs. Shipping costs will be added to your order and depend on your destination country. The shipping costs will be added to total amount due and shown in the order summary page of our website before you place your order.
3.2 If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
3.3 Unless we agree otherwise, we accept payments by the following methods:
- Paypal: with PayPal you can shop online securely and conveniently using
your debit or credit card, bank account or PayPal balance.
- Direct bank transfer: in case you decide to pay by bank transfer you have to include the order number with your payment. As soon as we have received your full payment, we will ship your order.
3.4 We must receive full payment before we dispatch the products.
Article 4 Delivery
4.1 Your order will be delivered to the address you indicated when your order was placed. We do not deliver to PO Box addresses.
4.2 We do everything in our power to respect the delivery times agreed upon
an/or indicated on the website. We cannot, however, be held responsible for
the consequences of a late delivery or the loss of a package caused by a
third-party contracted to make delivery, or by you (for example by supplying
the wrong address), or because of some unforeseen event. In the event
where you do not receive your package, an investigation will be conducted
with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
4.3 The products will be your responsibility and the risk of damage rests fully on you as from the delivery (the moment you are or could be in possession of the products).
4.4 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including shipping costs.
4.5 If you reject a delivery or if an order due to erroneous addressing cannot be delivered, you are responsible for any costs made.
Article 5 Customs
5.1 For deliveries outside the European Union you may have to pay import duty, or other taxes, fees or charges applied by customs or other authorities in the country of receipt. These fees/taxes are your responsibility and must be paid by you. Unfortunately we have no control over these fees. We cannot tell you what the costs would be as custom policies, import duties and sale taxes vary widely form country to country.
5.2 Also, we will not refund any import duties and/or local sales taxes that your order may have incurred for returned items.
5.3 Some countries have import restrictions on certain products or materials. You must comply with all laws and regulations of the country in which you are receiving the products. You are responsible for determining if there are any restrictions on the delivery of our products to your destination.
Article 6 Water resistance
6.1 You should be aware that water resistant watches are not waterproof. They can only withstand splashes.
6.2 It is important to note that the indication of the degree of water resistance is a technical norm, which does not correspond to an exact depth. It only indicates that the watch will resist certain pressure that is equal to a
static immersion. Certain factors like the movement of the person who is
wearing the watch (diving or swimming) as well as the force of the water can
considerably increase the pressure.
6.3 If your watch is certified as water-resistant, your watch is ensured by a series of seals. These water- resistant seals undergo natural deterioration due to ageing. It is therefore recommended that you have a regular water-
Article 7 Paperwork
7.1 If the products are sold with paperwork, the age of the product is calculated from the date given on the paperwork.
7.2 If the products are sold without paperwork, it can be difficult for us to calculate the age of the products, especially for vintage products. While we calculate the age in good faith, you acknowledge that the age of the products is an estimate only. We make no representation or warranty in relation to the accuracy of the age of the products.
Article 8 Product information
8.1 We take great care when putting product information, descriptions and
images online but will not be held responsible for any mistakes or omissions
to any information given.
8.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the information and colours accurately, the colours on your screen can be different than the original product.
Article 9 Non-conforming products
9.1 We are under a legal duty to supply you with products that are in conformity with the contract.
9.2 You must inspect the products as soon as reasonably practicable after
delivery and you must inform us promptly if the products are non-conforming.
At our request you must provide us an opportunity to examine the alleged
9.3 You must take reasonable care of the products and you must return
any products that are not in conformity with the contract (including paperwork, user manual, service papers and box as applicable) promptly and within 14 days of notifying us of the relevant non-conforming products.
9.4 If the products are non-conforming you are entitled to ask us to replace or repair the products, though given the nature of the products that we sell we may not be able to source a suitable replacement. We are under no obligation to replace or repair the products where this is impossible or imposes costs on us that are unreasonable, taking into account, amongst other things, the value, which the products would have if they conformed to the contract and the significance of the lack of conformity, in which case your remedy will be limited to a refund.
9.5 If we were unable to repair or replace the products or this is impossible or imposes costs on us that are unreasonable, you are entitled to ask us to refund the products less: a) any deduction for loss of or damage to paperwork and b) any reasonable deduction for wear and tear through use.
9.6 You acknowledge that the paperwork (where supplied) substantially increases the value of the products and that is absence or damage will affect the value of the products. If you return the products with missing or damaged paperwork, we will make a reasonable deduction to the sum refunded to you not exceeding 25 percent of the purchase price.
9.7 We reserve our rights to reduce any remedies under clause 9.4 and 9.5 if paperwork is missing or damaged.
9.8 Return postage, packaging and insurance will be your responsibility. We recommend you use a tracked mail system and retain proof of postage. You must insure the products to their full value. You must ensure that you pack the products appropriately to prevent damage during transit.
9.9 If the products are non-conforming we will refund you reasonably incurred return postage costs provided you comply with our reasonable return instructions and you provide us with a copy receipt.
Article 10 Withdrawal of order and return policy
10.1 You have the right to cancel or return the products until 14 days after delivery without any need to give reasons. Your right of withdrawal starts from the moment your order is received by you or your nominated recipient.
10.2 The easiest way to use the right of withdrawal is to return the product to us. If you are unable to return the products before the 14-day period has expired, you need to notify us of your intention to cancel, always within the14-day period. To do so, simply e-mail firstname.lastname@example.org or write to us at Ticktage S.L., Velazquez 126 – 7D, 28006 Madrid, Spain with a
detailed description of the products you want to return and your order
10.3 You can return the products together with the delivery note to the following address: Ticktage S.L., Velazquez 126 – 7D, 28006 Madrid, Spain.
10.4 In any case, you must take reasonable care of the products and have to
return the products to us in their original condition within 14 days on the date on which you informed us that you want to want to cancel your order or if you have not notified us that you want to cancel your order, within 14 days of receipt of the products.
10.5 In case of withdrawal, you will receive a refund, which will include the
10.6 Return postage, packaging and insurance will be your responsibility and at your cost. We recommend you use a tracked mail system and retain proof of postage and we suggest you to insure the products to their full value. If we have to pay additional postage charges on your package, we may deduct the amount of such charges from any refund we send to you. Your parcel is your responsibility until it reaches us. We cannot accept liability for goods that get lost or damaged in transit back to us.
10.7 Any products returned must be in their original condition, including
paperwork, user manual, service papers and box as applicable. If they are
not, we may be unable to accept them or make a deduction from the refund
for loss in value.
10.8 You acknowledge that the paperwork (where supplied) substantially
increases the value of the products. If you return the products with missing or damaged paperwork, we will make a reasonable deduction to the sum
refunded to you not exceeding 25 percent of the purchase price.
10.9 Provided that you comply with the terms of this article you will be
refunded in full within 14 days of the date we receive the returned products or from when we receive proof that you have sent the goods back to us,
whichever is the earliest.
10.10 We will refund the applicable amount via the same
payment method used in the purchase, unless you have expressly agreed
Article 11 General indemnity
11.1 You agree to be fully responsible for and indemnify us fully from and against all claims, liability, damages, losses, costs and expenses suffered by us and arising out of any breach of these terms of conditions by you or any other liability arising out of your use of our website or the use of another person accessing the website using your computer or account number and/or password.
Article 12 Our liability
12.1 We only supply the products for domestic and private use. You agree not
to use the products for any commercial, business or re-sale purposes, and we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.2 We shall not be held responsible and disclaim all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, caused by using our products and/or caused by your access and use of the website or caused by a failure by us to comply with these terms and conditions, unless such loss and/or damages ensues from intentional acts or omissions or gross negligence on the part of us.
12.3 If the above-mentioned limitations of liability dot not apply to you, our liability shall be limited to the amount charged to you for the products.
Article 13 Events outside of our control
13.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our control. This does not affect your legal rights.
13.2 An event outside our control means any act or event beyond our reasonable control including acts of God, collapse of buildings, fire, flood, severe weather, explosion, accident, war, act of terrorism, industrial dispute (not involving our employees), acts of local or central government or other
competent authorities, interruption or failure of utility services, interruption or failure of our website or IT system caused by third parties, or delays or non- performance caused by third parties including manufacturers and delivery companies.
Article 14 Fraudulent payments
14.1 If we reasonably suspect a fraudulent payment, then we will not dispatch any products and we will not carry out any refunds until authorized by our bank.
Article 15 Privacy
Article 16 Waiver
16.1 If we fail, at any time during the term of a contract, to insist upon strict
performance of any of your obligations under the contract or any of these
terms and conditions and, or if we fail to exercise any of the rights or
remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance
with such obligations.
16.2 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Article 17 Severability
17.1 If any court or competent authority decides that any of the provisions or
paragraphs of these terms and conditions or any provisions of a contract are
invalid, unlawful or unenforceable to any extent, the term will, to that extent
only, be severed from the remaining terms, which will continue to be valid to
the fullest extent permitted by law.
Article 18 Applicable law and jurisdiction
18.1 On all rights, obligations, offers, orders and agreements to which these terms & conditions apply, as well as these terms & conditions, only Spanish law applies.
18.2 All disputes between parties will only be submitted to the competent court in Madrid, Spain, unless a mandatory provision provides otherwise.