General Terms and Conditions
General Terms and Conditions
Greenwatches
Mandelaplein 1, 1314 CG Almere
Phone number: +31634720292
Email address: info@greenwatches.nl
Chamber of Commerce number: 90207475
VAT identification number: NL865242136B01
Article 1 - Definitions
Cooling-off period: the period within which the consumer can exercise their right of withdrawal. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader. Day: calendar day. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period. Model form: the model withdrawal form made available by the trader, which a consumer can complete when they wish to exercise their right of withdrawal. Trader: the natural or legal person who offers products and/or services to consumers at a distance. Distance contract: a contract in which, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time. General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 - Identity of the trader
Greenwatches
Mandelaplein 1, 1314 CG Almere
Phone number: +31634720292
Email address: info@greenwatches.nl
Chamber of Commerce number: 90207475
VAT identification number: NL865242136B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force and the provision concerned will be replaced without delay, by mutual agreement, by a provision that approximates the purpose of the original as closely as possible. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The trader is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader. All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; the manner in which the contract will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the contract; the period for accepting the offer, or the period within which the trader guarantees the price; the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the contract will be archived after its conclusion and, if so, how the consumer can consult it;
the way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and correct it if desired; any other languages in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically.
Article 5 - The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures. Within the legal framework, the trader may inform itself whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance. With the product or service, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the address (note: not a visiting address) of the trader's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about warranties and existing after-sales service;
d. the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the performance of the contract;
Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
On delivery of products: only for online purchases of products does the consumer have the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack the product to the extent necessary to assess whether they wish to keep it. The consumer will not remove any stickers from the product and will not use or wear it if they wish to exercise their right of withdrawal. In addition, they will return the product with all accessories supplied, in its original condition and packaging, to the trader in accordance with the instructions provided by the trader. Shipping must take place by insured shipment, insured for at least the full value of the watch. The costs of this insured return shipment are borne by the customer and must be taken into account. If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must do so by email to info@greenwatches.nl. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must also return the product within 5 days of that notification by personal delivery, without the use of parcel services. If, after expiry of the periods mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, at most the costs of personal delivery will be borne by the consumer. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on condition that the product has already been received back by the online retailer and that the online retailer has had time to subject the product to a thorough internal and external inspection. After approval by the online retailer, the refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method. Refunds will in all cases be made by bank transfer. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product. The consumer cannot be held liable for a reduction in value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.
Article 8 - The price
The prices stated in the offer of products or services are the full purchase price for the consumer. VAT has been paid on the products at an earlier stage. All prices stated on the website do not require VAT to be taken into account. As a result, it is also not possible to receive a VAT invoice or to reclaim VAT for business purposes. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price or to offer compensation. The trader may also change its prices at any time.
Article 9 - Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract. Any defects or incorrectly delivered products must be reported to the trader in writing within 8 days of delivery. The consumer will only unpack the product to the extent necessary to assess whether the product is defective or has been delivered incorrectly. The consumer will not remove any stickers from the product and will not use or wear it if they wish to invoke the conformity warranty. In addition, they will return the product with all accessories supplied, in its original condition and packaging, to the trader in accordance with the instructions provided by the trader. Shipping must take place by insured shipment, insured for at least the full value of the watch. In the event of defects or incorrectly delivered products, the costs of repair are borne by the trader. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the trader and/or those on the packaging; the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 10 - Delivery and performance
The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, aiming for 2-4 working days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 4 working days after placing the order. In that case the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 5 working days after receipt. If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. In this case the consumer can indicate in advance whether they wish to continue with the purchase or withdraw from it. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the consumer, taking into account the costs of an insured return shipment. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 11 - Payment
Unless otherwise agreed, payments must be made in advance by bank transfer. The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay. In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 12 - Complaints procedure
The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 5 days after the consumer has discovered the defects. Complaints submitted to the trader will be answered within 2 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 4 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In the event of complaints, a consumer must first contact the trader.
Article 13 - Disputes
Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the consumer resides abroad. The Vienna Sales Convention does not apply.
Article 14 - Additional or deviating provisions
With regard to the pay-per-month arrangement, the general terms and conditions of our partner apply, which can be inspected on request.
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.
