1. General Terms and Conditions (The Clockwork Studio)

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1.1. Definitions and Applicability

 

1.1.1. Definitions

 

• Company/TCS: The Clockwork Studio, the service and product provider.

• Participant: The natural person purchasing the Ticket and/or attending the Workshop, acting as the consumer (Consument).

• Agreement: The contract for services and sales concluded upon the purchase of the Ticket.

• Workshop: The scheduled three-hour 'Build your own watch workshop' service provided by TCS.

• Ticket: The proof of purchase granting the Participant access to the Workshop.

• Watch Kit: The set of components (movement, case, dial, hands, strap/bracelet) included in the Ticket price, required to assemble one functional watch.

 

1.1.2. Applicability of Terms

 

These General Terms and Conditions apply to all offers, quotations, Agreements, and legal relationships between TCS and the Participant. By purchasing a Ticket and/or utilizing the services, the Participant explicitly accepts the applicability of these Terms. TCS confirms that these terms are provided to the Participant prior to the conclusion of the Agreement, satisfying the pre-contractual information obligation.

 

1.1.3. Governing Law

 

All legal matters, disputes, and interpretations concerning these Terms and the related Agreement are exclusively governed by the laws of the Netherlands.

 

1.2. The Agreement, Registration, and Component Provision

 

1.2.1. Conclusion of the Agreement

 

The Agreement is legally concluded the moment the Participant purchases a Ticket via the Company website and receives confirmation of payment. The Ticket grants access to a Workshop on a specific date and time. Participation is open to individuals aged 18 or older, or individuals aged 13 or older accompanied by a paying adult or guardian who assumes full legal responsibility.

 

1.2.2. Scope of Service and Included Components

 

The Ticket price covers two primary elements:

• (a) the 3-hour guided assembly Workshop Service, and

• (b) one (1) Watch Kit. This Watch Kit includes one automatic NH35 movement and all necessary foundational components (case, dial, hands, strap/bracelet) required to construct a watch.

 

1.2.3. Component Selection and Availability

 

The opportunity for the Participant to select specific components (case type, dial type, hands type, and strap/bracelet type) from the available catalog is strictly conditional upon the physical stock available on the specific day of the Workshop. TCS reserves the right to manage and modify the available stock list without prior notice. The Company shall ensure a functional Watch Kit is available, but does not guarantee the availability of a specific aesthetic choice (color, style, finish) if demand or supply chain issues affect stock levels on the day.

 

1.2.4. Tools and Additional Purchases

 

Necessary assembly tools are provided solely for use during the Workshop Service. These tools are the property of TCS and must not be removed from the premises. If the Participant wishes to own the tools, they must be purchased separately. Additional components (e.g., extra cases, dials, straps) or other merchandise may also be purchased separately at the Workshop. These additional purchases constitute independent sales agreements governed by Clause 6 (Product Ownership, Guarantee, and Non-Conformity).

 

1.3. Cancellation, Refunds, and Rescheduling

 

1.3.1. Exemption from Statutory Right of Withdrawal (Herroepingsrecht)

 

The Agreement, by its nature, constitutes a contract for a leisure activity (the watchmaking workshop) provided on a specified date or period (the 3-hour fixed session). Pursuant to Article 6:230p sub e of the Dutch Civil Code (BW), the statutory right of withdrawal, which normally grants a 14-day cooling-off period for distance sales, does not apply to the purchase of this Ticket. By purchasing the Ticket, the Participant acknowledges and accepts this statutory exemption.

 

1.3.2. Commercial Cancellation and Refund Policy

 

TCS maintains the following commercial policy for cancellation requests:

• Cancellation more than ten (10) calendar days before the event date: The Participant is entitled to a full refund of the Ticket price (excluding any applicable processing fees). In such events, the Participant may contact TCS for cancellation and refund of the Ticket.

• Cancellation ten (10) calendar days or less before the event date: No refund will be provided. The Company retains the entire Ticket price due to preparation costs, guaranteed logistical commitments (venue, staff), and the inability to sell the reserved slot at short notice.

• Rescheduling: If the Participant cancels ten (10) days or less before the event, no refund is available. However, the Participant may contact TCS to reschedule their attendance to another available Workshop date, provided the request is made at least 48 hours before the original scheduled time. Rescheduling is offered as a commercial gesture and is subject to future availability.

 

1.3.3. Workshop Cancellation by TCS

 

Should the Company be forced to cancel or reschedule the Workshop due to unforeseen circumstances, including but not limited to force majeure (such as instructor illness, natural disaster, or venue unavailability), all affected Participants will be offered a full refund of the Ticket price or the option to reschedule to an alternative date.

 

1.4. Conduct, Safety, and Instructional Liability

 

1.4.1. Duty to Follow Instructions

 

The Workshop involves precision assembly and the use of specialized tools, including potentially sharp implements. Participants are required to follow all safety instructions, technical guidance, and assembly procedures provided by the Instructor strictly and immediately. The Instructor holds the authority to ensure a safe learning environment.

 

1.4.2. Safety and Risk Acknowledgment

 

Participation in the Workshop, including the handling of tools and components, is undertaken entirely at the Participant’s own risk (eigen risico). The Participant acknowledges the inherent risks associated with handling small, sensitive parts and assembly tools.

 

1.4.3. Exclusion and Disruptive Behavior

 

TCS reserves the explicit right to exclude any Participant who, in the reasonable judgment of the Instructor, severely disrupts the instructional process, endangers themselves or others, or fails to follow safety instructions. No refund will be issued in the event of exclusion due to such behavior.

 

1.4.4. Liability for Components and Property Damage

 

The Participant shall be held liable for any damage or loss caused to the Watch Kit components, the provided tools, or any property belonging to TCS or the venue, resulting from their negligent, improper, or willful handling during the Workshop.

 

1.5. Product Ownership, Guarantee, and Non-Conformity

 

1.5.1. Product Ownership and Transfer

 

The Watch Kit components, once provided for assembly, and the resultant assembled watch, become the legal property of the Participant upon their completion of the Workshop and departure from the venue.

 

1.5.2. Statutory Warranty (Wettelijke Garantie) for Components

 

TCS, as the seller, warrants that the raw components provided within the Watch Kit (movement, case, dial, hands, strap) are free from material defects at the time of distribution and are fit for the intended purpose of assembly and subsequent use as a timepiece, as reasonably expected by a consumer. This statutory warranty concerning the quality of the materials supplied cannot be excluded or limited by these Terms, in accordance with Dutch consumer law.

 

1.5.3. Exclusion of Warranty for Assembly Errors (The Final Watch)

 

TCS explicitly provides no commercial warranty or guarantee regarding the final function, operational conformity, or durability of the watch after it has been assembled by the Participant.

The rationale for this exclusion is that the ultimate performance and integrity of the assembled watch are directly dependent upon the Participant's application of skill, precision, and adherence to instructional guidance during the two-hour assembly session. The risk of functional non-conformity caused by assembly errors—such as improper dust management, misaligned component setting, or damage due to excessive force—is borne solely by the Participant. This exclusion is justified only for defects directly resulting from the Participant's handling or installation, not for pre-existing material faults in the components.

 

1.5.4. Claims of Non-Conformity

 

If the Participant believes the Watch is defective, they must notify TCS of the alleged defect within a reasonable time, preferably within two (2) months of discovery.

• Assessment: TCS will undertake an assessment to determine the cause of the defect. The defect will be classified as either (a) a material fault in the supplied component (covered by Wettelijke Garantie) or (b) a defect caused by incorrect assembly, improper handling, or misuse by the Participant.

• Remedy: If the defect is proven to be a pre-existing material fault (a), TCS shall, at its discretion, repair the Watch or replace the defective component(s) free of charge. If the defect is determined to be solely the result of assembly error (b), TCS is under no obligation to provide free repair, replacement, or refund, although it may offer repair services for a fee.

 

1.6. General Liability and Indemnification

 

1.6.1. Limitation of General Liability

 

TCS's liability for damages incurred by the Participant during or subsequent to the Workshop is strictly limited to direct damages resulting from the Company's intent (opzet) or gross negligence (grove nalatigheid). Liability for indirect, incidental, or consequential damages—including, but not limited to, loss of revenue, lost enjoyment, travel costs, or damage to personal property not directly involved in the Workshop—is explicitly excluded.

 

1.6.2. Product Liability

 

TCS confirms its responsibilities as the supplier of the Watch Kit components. Product liability rules require manufacturers/suppliers to be liable for damage caused by faults in products that endanger health or safety. However, TCS is not liable for personal injury or property damage caused by the assembled watch if the fault arose solely and demonstrably due to the Participant’s improper assembly, modification, or subsequent misuse, thereby breaking the chain of causation and non-conformity concerning the component supplier.

 

1.6.3. Force Majeure

 

TCS shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control (force majeure), including, without limitation, acts of God, governmental actions, strikes, or unexpected failures of venue infrastructure.

 

1.7. Intellectual Property

 

1.7.1. IP Ownership

 

All instructional materials, diagrams, presentations, assembly methods, templates, and the structured curriculum utilized during the Workshop remain the exclusive intellectual property (IP) of The Clockwork Studio.

 

1.7.2. Use Restrictions

 

Participants are granted permission to use the instructional methodology solely for the purpose of completing their personal watch assembly during the Workshop. Participants may not copy, reproduce, distribute, or commercially utilize any part of the instructional content, methodology, or branding for any purpose, including establishing a competing service, without the prior written consent of TCS.