Terms & Conditions

General Terms and Conditions of Sale

Article 1 – Scope of Application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Winderly ("the Seller") with consumers and non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website winderly.co.uk.

They set out in particular the conditions governing the ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by specific conditions set out on the website prior to any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including in particular those applicable to sales in-store or through other distribution and marketing channels.

They are accessible at any time on the website winderly.co.uk and shall prevail, where applicable, over any other version or any conflicting document.

As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer's purchase shall be the version in force on the website at the date on which the order is placed.

Article 2 – Products Offered for Sale

The Products offered for sale on the website winderly.co.uk are as follows:

Watch winders, watch boxes, watch stands and watch accessories.

The principal characteristics of the Products, including in particular the specifications, illustrations and indications of dimensions or capacity, are presented on the website winderly.co.uk.

The Customer is required to review these prior to placing any order. The selection and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the website winderly.co.uk are not contractually binding and shall not engage the liability of the Seller.

The Customer is required to refer to the description of each Product in order to ascertain its properties, essential characteristics and delivery times, as well as, in the case of the continuous or periodic supply of a product, the minimum duration of the proposed contract.

The contractual information is presented in English and is confirmed at the latest at the time the Customer validates their order.

Article 3 – Duration of Validity of Product Offers

Product offers are valid subject to available stock, as specified at the time the order is placed.

Article 4 – Seller's Contact Details

The Seller's contact details are as follows:

Trading name: Winderly

Winderly is not currently VAT registered.

Email: contact@winderly.co.uk

In accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) which entered into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, erase and port all of their personal data by contacting the Seller in writing at the email address set out above, providing proof of identity.

Validation of the order by the Customer constitutes unconditional and unreserved acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges that they have the legal capacity required to enter into a contract and to purchase the Products offered on the website winderly.co.uk.

Article 5 – Orders

5-1. Placing an Order

It is the Customer's responsibility to select on the website winderly.co.uk the Products they wish to order, in accordance with the following process:

The Customer has the opportunity to review the details of their order, its total price, and to correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the website winderly.co.uk is completed when the Customer accepts these General Terms and Conditions of Sale by ticking the relevant box and confirms their order. Such confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety, as well as the general conditions of use of the website.

The sale is only concluded upon the Seller sending the Customer an email confirming acceptance of the order, which must be sent without delay and following receipt by the Seller of the full purchase price.

Any order placed and validated by the Customer and confirmed by the Seller, in the manner and under the conditions described above, on the website winderly.co.uk constitutes the formation of a distance contract between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's IT system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists in relation to the payment of a previous order.

The Customer may track the progress of their order on the website winderly.co.uk under the "Order Tracking" section.

The Seller does not intend to sell Products on the website winderly.co.uk to trade buyers, but solely to consumers or non-professionals for their personal use. The Seller therefore reserves the right to refuse orders for the same Product in large quantities exceeding 500 units.

5-2. Modification of an Order

Any amendments to the order requested by the Customer may only be taken into account by the Seller within the limits of their capacity to do so, and provided that notification is made by email to the following address: contact@winderly.co.uk at least 1 day before the scheduled dispatch date of the order.

In the event that such amendments cannot be accepted by the Seller, any sums paid by the Customer at the time of placing the order shall be refunded within a maximum period of 30 days from the date of notification of the impossibility of accepting the requested amendments (unless the Customer prefers to receive a credit note or an exchange).

5-3. Cancellation of an Order

Orders may be cancelled by the Customer, outside the exercise of the right of withdrawal or cases of force majeure, at least 1 day before the scheduled date for supply of the ordered Products, at no cost to the Customer.

Article 6 – Prices

The Products are supplied at the prices in force as shown on the website winderly.co.uk at the time the order is recorded by the Seller. Prices are expressed in pounds sterling (GBP), inclusive of all taxes.

Prices take into account any reductions that may be granted by the Seller on the website.

These prices are firm and non-revisable during their period of validity, as indicated on the website. Outside this period of validity, the Seller reserves the right to modify prices at any time. Prices include processing, dispatch, transport and delivery charges.

The amount requested from the Customer corresponds to the total purchase price, including all such charges.

Article 7 – Payment Conditions

The price is payable in full immediately upon the Customer placing the order, by means of secure payment, in accordance with the following methods:

By credit or debit card: Visa, Mastercard, American Express, Maestro and Google Pay.

Payment by credit or debit card is irrevocable, except in the event of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and reimbursement of the corresponding amounts.

Article 8 – Deliveries

The Products ordered by the Customer will be delivered within the United Kingdom.

Estimated Delivery Times:

Processing time before dispatch: 1–2 working days (Monday to Friday)
Transit time after dispatch: 3–8 business days (Monday to Friday)
Total delivery time: 4–10 business days (Monday to Friday)

The delivery period corresponds to the dispatch time indicated on the Product page, to which the processing and transit time is added. Products are delivered within an average of 4 to 10 business days (Monday to Friday) to the address provided by the Customer when placing their order on the website.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special circumstances or where one or more Products are unavailable, the Products ordered will be delivered in a single consignment.

The Seller undertakes to use its best endeavours to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for guidance purposes only. If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or an act of the Customer, the sale may be rescinded at the Customer's written request in accordance with applicable statutory provisions.

Any sums paid by the Customer shall then be refunded no later than fourteen days following the date of rescission of the contract, with no deduction or compensation.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or to refund the Customer, as set out in the "Seller's Liability – Warranty" article below.

The Seller bears the risk of transport and is liable to reimburse the Customer for any damage caused during transit.

Article 9 – Transfer of Ownership – Transfer of Risk

The transfer of ownership of the Products from the Seller to the Customer shall only take place upon full payment of the purchase price by the Customer, regardless of the delivery date of the said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only occur at the moment the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

Article 10 – Right of Withdrawal

In accordance with applicable statutory provisions, the Customer has a period of 30 days from receipt of the Product in which to exercise their right of withdrawal from the Seller, without being required to give reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within a maximum period of 30 days following communication of the decision to withdraw and notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so as to enable them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted for return.

The right of withdrawal may be exercised online, using the withdrawal form available on the website winderly.co.uk, in which case an acknowledgement of receipt on a durable medium will be communicated to the Customer by the Seller immediately, or by means of any other unambiguous statement expressing the intention to withdraw.

Before returning any Product, the Customer must contact the Seller at contact@winderly.co.uk. The Seller does not operate a fixed public returns address; upon acceptance of the withdrawal, the Seller's customer service team will provide the Customer with the appropriate return instructions, which may involve a prepaid return label, a carrier-specific return procedure, or another return method depending on the logistics partner used.

Where the right of withdrawal is exercised within the period referred to above, the price of the Product(s) purchased and the delivery charges shall be refunded. Return costs shall be borne by the Seller in accordance with the site's returns policy.

The refund shall be made within a maximum period of 30 working days from the date of notification to the Seller of the decision to withdraw.

Article 11 – Seller's Liability – Warranty

The Products sold on the website winderly.co.uk comply with the regulations in force in Belgium and have performance characteristics compatible with non-professional use.

The Products supplied by the Seller benefit as of right and without additional charge, independently of the right of withdrawal, and in accordance with statutory provisions:

the statutory warranty of conformity, for Products that are apparently defective, damaged or do not correspond to the order;
the statutory warranty against hidden defects arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use;

under the conditions and in accordance with the procedures set out below and defined in the annex to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

In accordance with applicable statutory provisions, the Customer benefits from a statutory warranty of conformity for a period of two years from the date of delivery of the product.

In the event of a lack of conformity, the Customer may request repair or replacement of the product, under the conditions provided for by applicable legislation.

The statutory warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may also rely on the warranty against hidden defects in accordance with applicable statutory provisions. In such cases, they may choose between rescission of the sale or a reduction in the sale price.

The Seller shall refund or replace Products or parts under warranty deemed to be non-conforming or defective. Outward delivery charges shall be refunded on the basis of the invoiced rate, and return costs shall be refunded upon presentation of supporting evidence.

Refunds for Products deemed non-conforming or defective shall be made as promptly as possible, and no later than 30 days following the Seller's identification of the lack of conformity or the hidden defect. Refunds shall be made by credit to the Customer's bank account.

The Seller's liability shall not be engaged in the following circumstances:

failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify;
in the event of misuse, use for professional purposes, negligence or failure to maintain the Product on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.

Article 12 – Protection of Personal Data

In accordance with the General Data Protection Regulation (GDPR) and applicable data protection legislation, it is noted that the personal data requested from the Customer is necessary for the processing of their order and the preparation of invoices, amongst other purposes. Such data may be communicated to the Seller's potential partners responsible for the fulfilment, processing, management and payment of orders.

The processing of information communicated via the website winderly.co.uk meets the legal requirements for the protection of personal data, with the information system used ensuring optimum protection of such data.

In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing in respect of information relating to them. This right may be exercised under the conditions and in accordance with the procedures defined on the website winderly.co.uk.

Article 13 – Intellectual Property

The content of the website winderly.co.uk is the property of the Seller and its partners and is protected by Belgian and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement, parasitic competition or unfair commercial practice.

Article 14 – Unforeseen Circumstances

These General Terms and Conditions of Sale expressly exclude the statutory regime relating to unforeseen circumstances as provided for by applicable legislation in respect of all sales transactions between the Seller and the Customer. The Seller and the Customer each therefore waive the right to rely on the provisions relating to unforeseen circumstances provided for under applicable legislation.

Article 15 – Force Majeure

Neither party shall be held liable if the non-performance or delay in performance of any of their obligations as described herein arises from a case of force majeure within the meaning of applicable legislation.

Article 16 – Governing Law – Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by Belgian law. In the event of a dispute, and where a translation into one or more languages has been made, only the original text shall be authoritative.

Article 17 – Disputes

All disputes arising from purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale, whether relating to their validity, interpretation, performance, termination, consequences or aftermath, which cannot be resolved between the Seller and the Customer, shall be referred to the competent courts under ordinary law conditions.

The Customer is informed that they may in any event have recourse to mediation or any other alternative dispute resolution method in accordance with applicable legislation (such as conciliation) in the event of a dispute.

Article 18 – Pre-Contractual Information – Customer's Acceptance

The act of placing an order on the website winderly.co.uk by a natural or legal person constitutes full and unconditional adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives in particular the right to rely on any conflicting document that would not be enforceable against the Seller.

Annexes

Annex 1 – Withdrawal Form

This form must be completed and returned only if the Customer wishes to withdraw from an order placed on winderly.co.uk, except where exclusions or limitations on the exercise of the right of withdrawal apply pursuant to the applicable General Terms and Conditions of Sale.

To the attention of Winderly by email: contact@winderly.co.uk

Order date: ...........................................................

Order number: ...........................................................

Customer name: ...........................................................

Customer address: ...........................................................

Customer signature (only where this form is submitted on paper)