Terms and Conditions

 

 

 

 

General Terms and Conditions Clean Your Watch

Article 1 – Definitions

Article 2 – Clean Your Watch Identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Your obligations during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of Clean Your Watch in case of withdrawal

Article 10 – The price

Article 11 – Performance and additional warranty

Article 12 – Delivery and execution

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Safety instructions & Liability for misuse

Article 17 – Intellectual Property Clean Your Watch

Article 19 – Customer personal data

Article 20 – Links to third parties (websites)

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement in which the consumer receives products in connection with a distance agreement and these items, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
   2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
   3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
   4. Day: calendar day;
   5. Digital content: data produced and delivered in digital form;
   6. Durable agreement: an agreement aimed at the regular delivery of goods for a certain period;
   7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period adjusted to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
   8. Right of withdrawal: the consumer's option to withdraw from the distance agreement within the cooling-off period;
   9. Entrepreneur: the natural or legal person who offers products to consumers at a distance;
   10. Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, whereby, up to and including the conclusion of the agreement, exclusively or partly one or more techniques for distance communication are used;
   11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal regarding his order;
   12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be simultaneously in the same room.

Article 2 – Clean Your Watch identity

Clean Your Watch

Dorpsstraat 28

2751 BA Moerkapelle

Email address: info@cleanyourwatch.nl

Chamber of Commerce number: 88260461

VAT identification number:

Article 3 – Applicability

1. These general terms and conditions apply to every offer from Clean Your Watch and to every distance agreement concluded between Clean Your Watch and you.
   2. These general terms and conditions have been made available to you on www.cleanyourwatch.nl before you conclude the distance agreement. If this is not reasonably possible, we will indicate how the general terms and conditions can be viewed before the distance agreement is concluded. If you wish, we will send the general terms and conditions free of charge.
   3. If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to you electronically in such a way that it can be easily stored by you on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at your request.
   4. When, in addition to our general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 also apply. If conflicting general terms and conditions apply, you can invoke the provision most favorable to you.

Article 4 – The offer

Before you make the purchase, we will provide you with information that allows you to properly assess the offer, for example by means of a description and images of the product that correspond to reality. In addition, you will receive clear information about your rights and obligations, such as:
– the total price to be paid, including, for example, delivery costs;
– how the agreement is concluded;
– whether the right of withdrawal applies or not; the method of payment, delivery or execution of the agreement; the period for which the price or the possibility to accept the offer is valid;
– the rates you must pay if you wish to contact us, if this differs from the basic rate;
– how you can become aware of unwanted actions on your part before concluding the agreement, as well as how you can correct them before the agreement is concluded;
– how you can access the data we have stored about you in accordance with the AVG;

Article 5 – The agreement

1. When you have accepted the offer electronically, Clean Your Watch will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Clean Your Watch, you can dissolve the agreement.
   2. If the agreement is concluded electronically, by an order via our website. We will secure exchanged data as well as possible, as well as the online environment and digitally provided payment details.
   3. Clean Your Watch can, within legal frameworks, inform itself whether you can meet the payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement.
   4. If, on the basis of this investigation, Clean Your Watch has good reasons not to enter into the agreement, Clean Your Watch is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
   5. Clean Your Watch will send the following information to you, in writing or digitally, at the latest upon delivery of the product:
   6. Safety instructions (note: if the safety instructions are not followed or not fully followed, any liability of Clean Your Watch lapses)
   7. The conditions under which and the manner in which you can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   9. Information about guarantees and existing after-sales service;
   10. The price including all taxes of the product, service or digital content; if applicable, the delivery costs; and the method of payment, delivery or execution of the distance agreement;
   11. In the event of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

1. You can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. Clean Your Watch may ask you about the reason for withdrawal, but cannot oblige you to state your reason(s).
   2. The cooling-off period mentioned in paragraph 1 starts on the day after you, or someone else who is not the carrier, has received the product, or:
   if you have ordered multiple products in the same order: the day on which you, or a third party designated by you, received the last product. .
   3. During the cooling-off period, you may dissolve the agreement.
   4. If you exercise your right of withdrawal, you always pay the costs of return shipment.
   5. It is never possible to return a shipment cash on delivery.
   6. We will refund the other costs you have already paid as soon as possible, but no later than within 14 days, counted from the day we received your withdrawal.
   7. If we do not collect the product ourselves, we may wait with reimbursement until we have received the product.

Article 7 – Your obligations during the cooling-off period

1. During the cooling-off period, you must handle the product and its packaging with care. This means that you will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that you may only handle and inspect the product as you would be allowed to in a shop.
   2. You are only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
   3. You are not liable for any diminished value of the product if Clean Your Watch has not provided you with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If you exercise your right of withdrawal, you must notify Clean Your Watch of this within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
   2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, you will return the product, or hand it over to (an authorized representative of) Clean Your Watch. This is not necessary if Clean Your Watch has offered to collect the product itself. You have in any case complied with the return period if you return the product before the cooling-off period has expired.
   3. You return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Clean Your Watch.
   4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you.
   5. You bear the direct costs of returning the product.
   6. If you exercise your right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Clean Your Watch in case of withdrawal

1. If Clean Your Watch enables you to notify your withdrawal electronically, Clean Your Watch will send an acknowledgment of receipt immediately after receiving this notification.
   2. Clean Your Watch will refund all payments made by the consumer, including any delivery costs, within 14 days, calculated from the day of receipt of the withdrawal.
   3. Clean Your Watch will use the same payment method for reimbursement that you used, unless you agree to a different method after consultation. The reimbursement is free of charge for the consumer.

Article 10 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
   2. In deviation from the previous paragraph, Clean Your Watch can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
   3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
   4. Price increases from 3 months after the conclusion of the agreement are only permitted if Clean Your Watch has stipulated this and:
   these are the result of legal regulations or provisions;
   5. The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
   6. The prices stated in the product offer include VAT but exclude shipping costs unless otherwise stated.

Article 11 – Performance of agreement and additional warranty

1. Clean Your Watch guarantees that the products supplied will comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. Clean Your Watch never guarantees that the product is suitable for other than normal use.
   2. An additional warranty provided by Clean Your Watch, its supplier, manufacturer or importer never limits the legal rights and claims that you can assert against Clean Your Watch under the agreement if Clean Your Watch has failed to fulfill our part of the agreement.
   3. Additional warranty means any obligation of Clean Your Watch, its supplier, importer or producer in which it grants you certain rights or claims that go beyond what it is legally obliged to do in the event that Clean Your Watch has failed to fulfill our part of the agreement.

Article 12 – Safety Instructions & Waiver of Liability for Misuse

After purchasing the product, you are at all times obliged to carefully read and follow the user instructions.

Clean Your Watch's liability for any damage will be entirely waived if you do not fully follow these instructions.

Article 13 – Delivery and execution

1. Clean Your Watch will observe the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.
   2. The place of delivery is the address you have made known to us.
   3. Clean Your Watch will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
   4. After dissolution in accordance with the previous paragraph, Clean Your Watch will immediately refund the amount you have paid.
   5. The risk of damage and/or loss of products rests with Clean Your Watch until the moment of delivery to the consumer or a previously designated representative made known to Clean Your Watch, unless expressly agreed otherwise.

Article 14 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by you must be paid within 14 days after the conclusion of the agreement.
   2. Clean Your Watch will ensure that you can never be obliged to pay more than 50% in advance. If advance payment has been stipulated, you cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
   3. You have the duty to immediately report any inaccuracies in provided or stated payment details to Clean Your Watch.
   4. If you do not meet your payment obligation(s) on time, after being informed by Clean Your Watch of the late payment and Clean Your Watch has granted you a period of 14 days to still meet your payment obligations, after failure to pay within this 14-day period, you will owe the statutory interest on the outstanding amount and Clean Your Watch is entitled to charge the extrajudicial collection costs incurred by us. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the next € 2,500,= and 5% on the next € 5,000,= with a minimum of € 40,=.

Article 15 – Complaints procedure

1. Clean Your Watch has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
   2. Complaints about the execution of the agreement must be submitted fully and clearly described to Clean Your Watch within a reasonable time after you have discovered the defects.
   3. Submitted complaints will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Clean Your Watch will reply within the 14-day period with an acknowledgment of receipt and an indication of when you can expect a more extensive answer.
   4. You must give Clean Your Watch at least 30 working days to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 16 – Dutch Law

Agreements to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 17 – Intellectual Property Clean Your Watch

As a consumer, you expressly acknowledge that all intellectual property rights to the displayed information, photos, videos, communications or other expressions relating to the products and/or the website are at all times held by Clean Your Watch.

Article 18 – Customer personal data

Clean Your Watch processes your data exclusively in accordance with our privacy policy. In doing so, we comply with the applicable regulations (GDPR).

You can always ask us by e-mail what data of yours is being processed. You can also ask us by e-mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, you can let us know. Information will only be sent if you have provided your e-mail address for that purpose.

Article 19 – Links to third parties (websites)

Our website may contain advertisements from third parties or links to other sites. We have no influence on the privacy policy of these third parties or their sites and bear no responsibility for them.