General Terms and Conditions

Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
1. Consumer: the natural person who does not act professionally nor on behalf of a company, entering into a distance contract with the entrepreneur;

2. Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the entrepreneur for distance sale of products and/or services;

3. Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time.

4. Cooling-off period: the period during which the consumer may exercise the right of withdrawal;

5. Right of withdrawal: the option for consumers to withdraw from the distance contract within the cooling-off period;

6. Day: calendar day;

7. Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;

8. Long-term data carrier: any means that allow the consumer or the entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.

The entrepreneur’s identity
Watchstraponline.com (part of Kish.nl)

Business address:
Hoofdstraat 38
7625PE Zenderen
Email: info@watchstraponline.com
Phone: +31 546 56 17 28

Chamber of commerce number: 85842753
VAT number: NL863763194B01

Opening hours:
From Monday to Friday from 9.00 am – 6.00 pm

Article 1 – Applicability
1. These General Terms and Conditions apply to any offer from the entrepreneur and to any distance contract concluded by the entrepreneur and the consumer.

2. Before concluding a distance contract, the entrepreneur shall make the text of these General Terms and Conditions available to the consumer. If this is reasonably impossible, the entrepreneur shall indicate that the General Terms and Conditions can be inspected at the entrepreneur’s before concluding the distance contract, and that they will be sent to the consumer free of charge if so requested.

3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the consumer electronically in such a way that the consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the consumer’s request free of charge, either via electronic means or otherwise;

4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the consumer may always appeal to the applicable provision that is most favorable to him/her.

Article 2 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the consumer to assess the offer adequately. If the entrepreneur uses pictures, they must be a true reflection of the provided products and/or services. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

3. Any offer contains information for the customer on the rights and obligations that apply to the purchase or agreement. This involves in particular:
− the price, including taxes;
− the delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are required to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or the time frame for honoring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the consumer can consult it;
− the manner in which the consumer may acquaint himself with undesired actions before concluding the contract, and the way the consumer may correct these actions before the contract is concluded;
− any languages other than Dutch in which the contract can be concluded;
− the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct via electronic means; and
− the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.

Article 3 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.

2. If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract.

3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

4. The entrepreneur may – within the limits of the law – gather information about consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.

5. The entrepreneur shall send the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier:

a. the visiting address of the entrepreneur´s business establishment where the consumer may get into contact for any complaints;

b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;

c. the information corresponding to existing after-sales services and guarantees;

d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided the consumer with this information before the performance of the contract;

e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.

6. If the entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.

Article 4 – Right of withdrawal in case of delivering products 1. When purchasing products, the consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the consumer.

2. During this period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the consumer shall return the product with all delivered accessories and – as far as reasonably possible – in the original condition and packaging to the entrepreneur in conformity with the entrepreneur’s reasonable and clear instructions.

Article 5 – Costs in case of withdrawal
1. If the consumer exercises the right of withdrawal, only the returning costs are at the consumer’s expense.

2. If the consumer has made a payment, the entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.

Article 6 - Exclusion of the right of withdrawal
1. If the consumer does not have the right of withdrawal, cancellation can be excluded by the entrepreneur only if the entrepreneur clearly indicates this in the offer, or mentions it in good time prior to the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:
a. that were realized according to the consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:
a. regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the consumer’s explicit consent before the expiration of the cooling-off period;
c. regarding betting and lotteries.

Article 7 – The price
1. During the validity period stated in the offer, the prices of the products and/or services provided shall not be raised, except for changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations; or
b. the consumer has the authority to cancel the contract at the day on which the price increase starts.
5. All prices indicated in the offer of products or services are including VAT.

Article 8 – Conformity and guarantee
1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the date the contract was concluded.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the entrepreneur about a failure in the fulfilment of the entrepreneur’s obligations based on the law and/or the distance contract.

Article 9 – Delivery and execution
1. The entrepreneur shall exercise the best possible care when receiving and executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is the address given by the consumer to the company. 3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. In the event of repudiation under the preceding paragraph, the entrepreneur shall refund the payment made by the consumer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, the entrepreneur shall make an effort to offer an equivalent replacement product. At the latest upon delivery it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The entrepreneur will pay the costs of the return shipment.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the entrepreneur until the time they are delivered to the consumer.

Article 10 Extended duration transactions
1. The consumer has a right to terminate an open-ended contract at all times, subject to the agreed termination rules and a period of notice that does not exceed one month.
2. An agreement that has been entered into for a certain period of time has a maximum duration of two years. If it has been agreed that, in the event of a silence on the part of the consumer, the contract will be extended at distance, the agreement will be continued as an indefinite agreement and the period of notice after the agreement has been continued shall be no more than one month.

Article 11 - Payment
1. Unless later agreed, the amounts to be paid by the consumer are to be settled within 14 days after the delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the provided or stated payment details.
4. In case of nonpayment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge any predetermined reasonable costs incurred to the consumer.

Article 12 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract shall be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. The complaints submitted with the entrepreneur shall be replied within a period of 30 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the entrepreneur shall respond within 30 days with a notice of receipt and an indication when the consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

Article 13 – Disputes
1. Contracts between the entrepreneur and the consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. A dispute will only be dealt with by the Disputes Committee if the consumer submitted his complaint within a reasonable time to the entrepreneur.
3. No later than three months after the dispute has occurred, the dispute shall be submitted in writing to the Disputes Committee.
4. When the consumer wishes to submit a dispute to the Disputes Committee, the consumer is bound to this choice by law. When the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
5. The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee take the form of binding advice.
6. The Disputes Committee will not handle a dispute or will discontinue handling it if the entrepreneur is granted a suspension of payment, goes bankrupt or actually ended his business activities, before a dispute has been dealt with by the committee at the hearing and a final verdict has been given.

Article 14 - Additional or varying provisions
Additional provisions of and/or deviations from these General Terms and Conditions may not be to the consumer’s detriment and must be put in writing or be recorded in such a way that the consumer can store them in an accessible manner on a long-term data carrier.