These General Terms and Conditions were drawn up in consultation with Trusted Shops and will become operable as of 1st of January 2018.
Holland Watch Group is certified by Trusted Shops and has undertaken to comply with the Trusted Shops code of conduct that can be consulted on http://www.trustedshops.com.
Table of contents:
1 - Information about Holland Watch group (HWG)
2 - Your personal data
3 - Applicability of these general terms and conditions
4 - Applicable law
5 - Our offer
6 - Ordering and the contract
7 - Prices and shipping costs
8 - Payment
9 - Availability and delivery
10 - Liability
11 - Right of withdrawal
12 - Preclusions from right of withdrawal
13 - Guarantee
14 - Extended Guarantee
15 - Complaints and disputes
16 - Amendments to the general terms and conditions
17 - Definitions
This website is managed by Holland Watch Group B.V., trading under the name Hollandwatchgroup.com ("we", "us", "our"). Goods that you purchase on this website will be delivered by us. We are registered with the Chamber of Commerce in Rotterdam under number 24350434.
Willebrordusstraat 14 - 16
3037 TR Rotterdam, The Netherlands
VAT identification number: NL812354576B01
You can contact us by e-mail at email@example.com, by telephone on + 31 085 489 20 10 or write us at the above address.
Opening hours Customer Service:
From Monday to Friday from 8 am to 6 pm
From Saturday to Saturday from 8 am to 5 pm
We will use your personal information in accordance with our privacy statement which you can consult here.
3.1 These general terms and conditions apply to every offer made by us and to every distance contract that is realised between us and you.
3.2 If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
3.3 In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Dutch law has been applied to these conditions. Any agreement for the purchase of goods from this website and all disputes arising in connection therewith are also governed by Dutch law.
5.1 The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
5.2 If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
5.3 Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer.
6.1 You can place an order of goods offered to purchase on this website by following the instructions on the screen after clicking on the product you wish to purchase. You will have the opportunity to check your order and change any input errors, until you place your order by clicking the "Checkout" button. By clicking on "Checkout" your order is placed. We confirm the receipt of your order by sending an automatically generated e-mail with which we accept your order. The agreement has been concluded with this e-mail.
6.2 The contract relates exclusively to those specific goods mentioned in our confirmation email of our acceptance of your order. Please read and check this information to ensure that it is correct. If the information in the confirmation e-mail is incorrect, or if you are not satisfied with the details in the e-mail, please contact us via firstname.lastname@example.org
6.3 The contractual language is English.
6.4 Where we accept your order, we have a legal obligation to deliver goods that comply with these conditions.
6.5 We provide appropriate technical and organizational measures to secure the electronic transfer of data and we provide a secure web environment. If you pay electronically, we provide appropriate security measures.
6.6 The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
6.7 We guarantee 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 legal provisions existing on the date of the conclusion of the agreement / or government regulations.
7.1 Information on this website in relation to prices is subject to change by us without prior notice. The prices that are displayed at the time of the order and on the order confirmation are the applicable prices.
7.2 In the rare event that an error or technical malfunction occurs and goods may have been incorrectly priced, we are not obliged to deliver the goods on the basis of this wrong price.
In that case we will either cancel your order and refund the purchase price, or we will contact you with the question whether you want to continue with the order (based on the correct price). If we are unable to contact you or if you do not want to continue with the order (on the basis of the right price), we will cancel your order and refund the price you have already paid. If the correct price of the goods is less than the price quoted, we can proceed with your order (at our discretion) and charge the lower amount upon shipment.
7.3 Unless otherwise stated, all prices are inclusive of VAT (if applicable) but exclude shipping costs.
7.4 Any shipping costs will be reported to you in the shopping basket before you place your order. You can read more about shipping methods and costs here.
8.1 Purchased products remain our property until they have been paid in full. As soon as the goods have been delivered to you or a third party designated by you, you bear any risk and you are liable accordingly.
8.2 As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service this 14 days start on the moment the consumer receives the traders confirmation of the contract.
8.3 When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
8.4 The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
8.5 In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
9.1 Information on this website regarding availability is subject to change without prior notice. We cannot guarantee the constant availability of the products on this site. All orders are always dependent on the current availability.
9.2 The place of delivery is deemed to be the address that the consumer makes known to the company. Delivery will be made on the basis of the information on the product pages after your order has been accepted.
9.3 The company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
9.4 In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
9.5 In case of unforeseen circumstances (eg unfavorable weather conditions, unpredictable delays due to traffic jams, road works, diversions or mechanical faults) we may not be able to deliver the goods within these periods and we are not liable for any delay or failure of the goods if the delay is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will agree an alternative delivery date with you. We are also not responsible for any delay in the delivery, caused by the unavailability of someone to receive the delivery of the products. It is your responsibility to contact the post office or courier company regarding the goods that could not be delivered because you were not available.
9.6 The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
Unless expressly agreed otherwise in the contract, the statutory regulation on liability for defects applies.
Restrictions and shortened terms do not apply to claims based on damage caused by ourselves, our legal representatives or agents:
- in case of damage to life, life or health
- in case of deliberate or grossly negligent breach of duty and in case of bad faith
- in the event of a breach of essential obligations arising from an agreement, the fulfillment of which is indispensable for the proper performance of the agreement and the performance of which the other party can normally rely on the agreement (cardinal obligations)
- in the context of a given guarantee, insofar as agreed.
11.1 When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during the legal limit of fourteen days. At HWG, however, we keep a withdrawal period of 30 days.
In order to exercise your right of withdrawal, you must inform us of your decision to cancel the contract by means of an unequivocal statement (eg in writing by post or e-mail). You can use the European model form for withdrawal, but you are not obliged to do so. In order to comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
11.2 The withdrawal period will expire 30 days after the day on which you or a third party designated by you, who is not the carrier, has physically received the goods.
If you have ordered several products in the same order: the day on which you, or a third party designated by you, received the last product. The trader may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
If the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;
11.3 During the withdrawel period the customer will treat the product and its packaging with care. You will only unpack or use the product as far as necessary in order to be able to assess whether you wish to retain the product. The basic principle here is that you may only handle and inspect the product as you would be allowed to do in a store.
If you wish to exercise your right of withdrawal, then return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
11.4 You are only liable for the depreciation of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
11.5 You must return the goods to us or return them without delay, but not later than 14 days after the day on which you have notified us. You are on time if you return the goods before the 14-day period has expired.
11.6 You must return the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by us.
11.8 If you cancel the contract, you will receive a reimbursement of all payments you have made up to that moment, including delivery costs, without delay and in any case not later than 14 days (7 days in Portugal only) after we have been informed of your decision to withdraw from the contract. If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not reimburse the additional costs for the more expensive method.
11.9 We will reimburse you with the same payment method with which you made the original transaction, unless you have explicitly agreed otherwise; in any case, you will not be charged for such reimbursement.
Precusion of the right of withdrawal, a consumer purchase involving the delivery of:
- products that have been created by the trader in accordance with the consumer’s specifications, or that are clearly of a personal nature and that cannot be returned due to their nature;
- that rapidly decay or become obsolete;
- products that are unsuitable for return for reasons of health protection or hygiene and of which the seal is broken after delivery;
- products which, after delivery, are irrevocably mixed with other items by their nature;
- audio- and video-recordings and computer software, whereby the consumer has broken the seal.
- newspapers, magazines or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription);
- products or services whose price depends on fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
- agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
Without limitation of your right of withdrawal under article 11 you can return the product to us, eg if the product is not the ordered product, it is damaged or defective or a wrong quantity.
If goods are delivered with visible transport damage, you must immediately report this damage to the deliverer and contact us as soon as possible. If you do not complain or do not contact us, this will not affect your statutory rights and their enforcement, in particular with regard to your legal right to guarantee. But you help us to exercise our own rights vis-à-vis the freight carrier or transport insurance.
As soon as we have confirmed the defect or another problem, we will - at your preference - repair or replace the goods at our expense - if this is within a reasonable period after the sale - unless this is not possible or disproportionately expensive. In this case you will receive a refund of the amount already paid for these goods.
We will keep you informed about the reimbursement within a reasonable period of time. We usually process the request for reimbursement as quickly as possible and in any case no later than 30 days after confirmation by e-mail about the refund for damaged or defective products.
You can read more about the guarantee at HWG here.
An extended guarantee is understood to mean every obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
An extra (extra statutory) guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that you can enforce against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract.
You can read more about the guarantee at HWG here.
15.1 Complaints submitted to us in writing (or by e-mail) are confirmed within 24 hours of receipt and answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, you will receive an indication from us within the period of 14 days when you can expect a more detailed answer.
15.2 You must give us at least 4 weeks to resolve the complaint in mutual consultation. If the complaint is not resolved after this period, a dispute arises that is susceptible to dispute settlement.
15.3 The European Commission offers an online dispute resolution platform, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of disputes.
If a provision of these General Terms and Conditions is not valid or inadmissible, this does not limit the effect of the other provisions.
We can change these Terms and Conditions over time or otherwise edit them without prior notice. Check this regularly on our website to see which General Terms and Conditions apply at this time.
The following definitions apply in these terms and conditions:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader;
3. Day: calendar day;
4. Digital content: data produced and delivered in digital form;
5. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Trader the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers from a distance;
8. Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
9. European model form for withdrawal: the European model form for withdrawal included in these conditions; does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
10. Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same place at the same time.
Last modified: December 20, 2018