Delivery and payment My Watch
These General Conditions of the Dutch Home Shopping Organization established in consultation with the Consumer under the Self (CZ) of the Social Economic Council and will become effective on January 1, 2009.
Article 1 - Definitions
In these conditions apply:
1. Entrepreneur: the natural or legal person who is a member of the Dutch Home Shopping Organization and products and / or remote services to the consumer;
2. Consumer means a natural person not acting in the exercise of professional or business and enter into a distance contract with the entrepreneur;
3. Distance contract means an agreement whereby part of an organized system for the trader from selling products or services, to conclude the agreement exclusive use of one or more means of distance communication;
4. Technology for distance communication: means that can be used to conclude a contract without the consumer and trader being in the same area have come together;
5. Grace period: The period during which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the ability for consumers within the waiting period to see the distance;
7. Day: calendar;
8. Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
9. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the operator
MyWatch; Laan van de Highlanders 10, 7202 RH Zutphen Netherlands
This is business address, visiting is not possible and we also are not stocked.
For returns and correspondence please use the postal address.
My Watch, PO Box 23, 7200 AA Zutphen, Netherlands
Telephone: +31 575 524729.
Access: From Monday to Sunday from 8:00 to 22:00
KvK number: 33292061, VAT Number: NL147469132.B0
Article 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance is closed, that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
3. If the distance is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be inspected and at the request of the consumer electronically or otherwise without charge will be sent.
4. In the event that besides these terms and conditions specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 - The offer
1. If an offer is a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur. 3. Each offer contains such information that the consumer is clear what the rights and obligations, to accepting the offer are attached. This concerns in particular:
• The price includes taxes;
• any costs of delivery;
• how the agreement will be achieved and what actions they require;
• whether to apply the right of withdrawal;
• the method of payment, delivery or performance of the contract;
• The deadline for accepting the offer, or the deadline for adhering to the price;
• the level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
• If the contract is filed after the conclusion, how these consumers to consult;
• how the consumer before the conclusion of the agreement by him popular acts can get informed, and the way he can recover before the contract is concluded;
• Any language which, in addition to Dutch, the contract may be entered;
• The conduct to which the trader is subject and the way the consumer can conduct electronic form consult and
• the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic supply of products or services.
Article 5 - The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the operator with appropriate safety precautions.
4. The entrepreneur can - within the law - to inform consumers of its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If the operator under this investigation was justified in the agreement not to go, he is motivated entitled to refuse an order or request or special conditions to the implementation.
5. The entrepreneur will the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
a. The establishment and mailbox address of the establishment of the business location where consumers can lodge complaints;
b. the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and guarantees;
d. in Article 4 paragraph 3 of these conditions include information, unless the operator this information already provided to the consumer prior to concluding the contract;
e. the requirements for terminating the agreement if the agreement has a duration exceeding one year or indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer to the contract without giving any reason to dissolve for 14 days. This period commences on the day following receipt of the product by or on behalf of consumers. 2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as necessary to assess whether he would prefer to retain. If he exercises his right of withdrawal, will the product with all accessories and - if reasonably possible - in its original condition and packaging to return the entrepreneur, according to information provided by the operator reasonable and clear instructions.
Article 7 - Costs of withdrawal
1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the contract refers.
2. Exclusion of the right of withdrawal is only possible for products:
a. that the operator have been established in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. which by their nature can not be returned;
d. that rapidly decay or become obsolete;
e. whose price depends on fluctuations in the financial market on which the entrepreneur's control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
b. the supply with the express consent of the consumer, before the waiting period has expired;
c. on betting and lotteries.
Article 9 - The price
1. During the period mentioned in the offer, the prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control, with variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
a. they are the result of laws or provisions;
b. the consumer has the power to terminate at the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
Article 10 - Compliance and Warranty
1. The trader warrants that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and or government regulations.
2. By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a failure to fulfill the obligations of the employer may assert against the employer under the law and / or the distance.
Article 11 - Delivery and implementation
1. It will be the utmost diligence in the acceptance and implementation of orders and products in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these terms is mentioned, the company accepted orders expeditiously but not later than 30 days, unless a longer delivery has been agreed. If delivery is delayed or if an order or partial can be implemented, the consumer receives them no later than one month after the order was placed. Consumers in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, back pay.
5. If delivery of an ordered product proves impossible, the trader will endeavor to make available a replacement item. Later than the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products is based to the time of delivery to the consumers in the business, unless otherwise agreed.
Article 12 - Duration Transactions
1. The consumer may contract for an indefinite always denounce the applicable termination notice rules and a maximum of one Mon
2. A contract for a definite period has a maximum duration of two years. If it is agreed that the silence of the consumer distance contract will be renewed, the agreement will continue as a permanent contract and will continue after the notice of the agreement up to a month.
Article 13 - Payment
1. Unless subsequently agreed by the consumer amounts to be paid within fourteen days after delivery of the goods or in case of a contract to provide a service, within 14 days after delivery of this Agreement on the documents.
2. When selling products to consumers in terms never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the trader.
4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.
Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under the complaints procedure.
2. Complaints about the implementation of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
3. When the trader complaints within a period of 14 days from the date of receipt. When a complaint with a longer processing time, then the trader within the period of 14 days responded with a message of welcome and an indication if the consumer can expect a more detailed answer.
4. A complaint about a product, service or service of the entrepreneur may also be submitted via a complaint form on the consumer page of the website of the Dutch Thuiswinkel Organisatie. http://www.thuiswinkel.org. The complaint is then both the entrepreneur and the Dutch Thuiswinkel Organization.
5. If the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to this entrepreneur delivered or delivered products and services, may, subject as provided below, by either the consumer or the trader to the Disputes Thuiswinkel , PO Box 90600, 2509 LP Den Haag (www.sgc.nl).
3. A dispute by the Disputes Committee discussed only if the consumer complaint within a reasonable time to the trader.
4. No later than three months after the dispute arose, the dispute in writing to the Complaints Board to be valid.
5. If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the entrepreneur that wants to do, the consumer within five weeks after a request by the employer in writing request, submit in writing to speak if he so desires or the dispute will be treated by the competent court. The entrepreneur learns the consumer choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Arbitration Commission shall rule on the conditions, as defined in the rules of the Arbitration Board. The decisions of the Arbitration Board is binding advice.
7. The Disputes Committee will be a dispute can not handle or will terminate, if the trader moratorium was granted, the state has become bankrupt or its business has actually ended, before a dispute by the Committee at the session and a final decision was delivered.
8. If in addition Dispute Thuiswinkel a recognized or at the Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) connected arbitration committee has jurisdiction over disputes relating mainly to the method of sale or service remotely Disputes Thuiswinkel exclusive jurisdiction . For all other disputes or other approved by the SGC Kifid member arbitration committee.
Article 16 - Warranty Industry
1. The Dutch Home Shopping Organization will, without delay, the obligations of the employer to the consumer, in respect of a to him by the Dispute Thuiswinkel impose a binding opinion on if this trader his obligations within the deadlines set in the binding opinion expired complied . The takeover by the Dutch Home Shopping Organization obligations of the entrepreneur will be suspended if and insofar as binding opinion within two months of the date thereof in accordance with the rules of the Disputes Committee for scrutiny by the courts has been submitted and is barred by the res range from the verdict which the court has declared the advice non-binding.
2. For purposes of this guarantee requires that the consumer a written appeal form to the Dutch Home Shopping Organization and that his claim on the business transfer to the Dutch Thuiswinkel Organisatie.
Article 17 Additional or different terms
Additional or different terms and conditions of these businesses may not have the detriment of the consumer and should be in written form or in such a way that the consumer in an accessible manner can be stored on a durable medium.
Article 18 - Amendments to the terms and conditions Thuiswinkel
1. The Dutch Home Shopping Organization will not change these terms and conditions in consultation with the Consumer.
2. Changes in these conditions are effective only after they are published in the appropriate way, provided that appropriate changes during the term of an offer to the consumer most favorable determination will prevail. Dutch Home Shopping Organization Address: PO Box 7001, 6710 CB EDU.
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