Terms and conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.
Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession.
Day: calendar day.
Digital content: data that are produced and supplied in digital form.
Long-term contract: a contract that extends to the regular supply of goods, services and/or digital content over a certain period of time.
Durable medium: any tool – including e-mail – that enables the consumer or trader to store information addressed personally to them in a way that makes future consultation or use possible for a period adequate for the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance.
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the moment of the conclusion of the contract of one or more techniques for distance communication.
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal in respect of their order.
Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be together in the same place at the same time.

ARTICLE 2 – IDENTITY OF THE TRADER

Q-Watches
De Run 5425
5504 DG Veldhoven (NL)
E-mail: info@q-watches.com
VAT number: NL855501649B01
Chamber of Commerce number: 64050254

If the trader’s activity is subject to a relevant licensing regime: details of the supervisory authority.

If the trader practises a regulated profession:

the professional association or organisation with which they are registered;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules that apply in the Netherlands and how and where these professional rules can be accessed.

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before concluding the distance contract it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that in addition to these general terms and conditions specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

ARTICLE 4 – THE OFFER

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement 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 for this.
The trader may, within legal limits, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the trader has good reason not to conclude the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution, giving reasons.
The trader will send the following information to the consumer in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than upon delivery of the product, service or digital content:
- the visiting address of the trader’s business where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the price including all taxes of the product, service or digital content; the costs of delivery where applicable; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term contract, the provision in the previous paragraph applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For products:

The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
- for contracts for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for failure to inform about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period.
6. If the trader has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

During the cooling-off period, the consumer will handle the product and packaging with care. They will unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
The consumer is liable for any depreciation in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any depreciation in value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the contract.

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
The consumer must return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product themselves. The consumer has complied with the return period if they return the product before the cooling-off period has expired.
The consumer must return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product, unless the trader has failed to inform the consumer that they must bear these costs, or the trader has stated that they will bear the costs themselves.
If the consumer withdraws after having expressly requested that the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begin during the cooling-off period, the consumer owes the trader an amount proportional to what has been fulfilled by the trader at the time of withdrawal, compared to full performance of the contract.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
- the consumer has not expressly requested the start of the performance of the service or the supply during the cooling-off period.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
- they have not expressly agreed to start the performance of the contract before the end of the cooling-off period;
- they have not acknowledged losing their right of withdrawal upon granting their consent; or
- the trader has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements are terminated by operation of law.

ARTICLE 9 – OBLIGATIONS OF THE TRADER IN CASE OF WITHDRAWAL

If the trader enables the consumer to notify withdrawal electronically, they shall promptly send an acknowledgement of receipt of this notification.
The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the trader offers to collect the product themselves, they may wait with reimbursement until they have received the product back or until the consumer has proven that they have returned the product, whichever is earlier.
The trader will use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not obliged to reimburse the additional costs for the more expensive method.

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, at least before concluding the contract:

Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the trader to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
- performance has begun with the consumer’s express prior consent; and
- the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which, for health protection or hygiene reasons, are not suitable for return and whose seal has been broken after delivery;
Products that are inseparably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed at the conclusion of the contract, but delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, except for subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:

performance has begun with the consumer’s express prior consent; and
the consumer has declared that they thereby lose their right of withdrawal.

ARTICLE 11 – THE PRICE

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after concluding the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after concluding the contract are only permitted if the trader has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer is authorised to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

ARTICLE 12 – PERFORMANCE OF THE AGREEMENT AND WARRANTY

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
The consumer’s statutory rights always apply. Any additional warranty provided by the trader is in addition to these statutory rights.
Non-transferability: The warranty provided by the trader applies solely to the original purchaser who purchased the product directly from the trader. This warranty is not transferable to third parties, even if the product is resold, gifted, or otherwise transferred, unless the trader has given prior explicit and written consent.
If the warranty is made transferable, this must be confirmed in writing by the trader, stating the new owner and the remaining warranty period.
An additional warranty means any commitment by the trader, its supplier, importer, or manufacturer in which certain rights or claims are granted to the consumer that go beyond what is legally required in the event of a failure to perform the trader’s part of the agreement.

ARTICLE 13 – DELIVERY AND EXECUTION

The trader will take the greatest possible care in receiving orders for products and in assessing applications for the provision of services.
The place of delivery is the address given by the consumer to the trader.
Subject to what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders promptly but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative made known to the trader, unless expressly agreed otherwise.

ARTICLE 14 – DURATION TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination:

The consumer may terminate an indefinite contract that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can:
- terminate the agreements mentioned in the previous paragraphs at any time and not be restricted to termination at a specific time or in a specific period;
- terminate at least in the same way as they were entered into;
- always terminate with the same notice period that the trader has stipulated for themselves.

Renewal:
4. A fixed-term contract that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. In deviation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the case of a contract providing for the regular, but less than once-a-month, delivery of daily, news and weekly newspapers and magazines.
7. A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 15 – PAYMENT

Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period begins on the day after the consumer receives confirmation of the contract.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Where an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the duty to promptly notify the trader of any inaccuracies in provided or stated payment details.
If the consumer does not timely meet their payment obligations, and after being notified by the trader of the late payment and being given a 14-day period to still meet the payment obligations, the consumer shall owe statutory interest on the outstanding amount and the trader is entitled to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

ARTICLE 16 – COMPLAINTS PROCEDURE

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted fully and clearly described to the trader within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the trader at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

ARTICLE 17 – DISPUTES

Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 18 – ADDITIONAL OR DEVIATING PROVISIONS

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 they can be stored by the consumer on a durable medium in an accessible manner.