General Terms and Conditions digital

General Terms and Conditions Horse Watch

https://www.horse-watch.nl

General Terms and Conditions based on model terms from Stichting WebwinkelKeur.

Table of Contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur Article 3 - Applicability

Article 4 - The offer Article 5 - The agreement Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal Article 8 - Exclusion of right of withdrawal Article 9 - The price

Article 10 - Conformity and warranty Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination, and extension Article 13 - Payment

Article 14 - Complaints procedure Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms, the following definitions apply:

1. Reflection period: the period in which the consumer can exercise their right of withdrawal; read all about the reflection period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract concerning a series of products and/or services, whose delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the withdrawal form provided by the entrepreneur that the consumer can fill out when exercising the right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9. Distance contract: an agreement concluded in the context of a system organized by the entrepreneur for the distance sale of products and/or services, exclusively using one or more means of distance communication until the conclusion of the agreement;
10. Means of distance communication: any means that can be used for concluding an agreement, without consumer and entrepreneur being simultaneously present in the same room.
11. General Terms and Conditions: these General Terms and Conditions of the

Article 2 - Identity of the entrepreneur

Horse Watch
van Voordenpark 7
5301KP ZALTBOMMEL
The Netherlands

T (041) 851-6028
E [email protected]
Chamber of Commerce (KVK) 11051575
VAT number NL001739111B91

Article 3 - Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order between entrepreneur and consumer.
2. Before the distance contract is concluded, these general terms and conditions are made available to the consumer. If this is not reasonably possible, it will be indicated before conclusion that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge upon request.
3. If the contract is concluded electronically, the terms can be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
4. If specific product or service terms also apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting terms, the consumer can always invoke the provision most favorable to them.
5. If one or more provisions of these terms and conditions are wholly or partially null and void or annulled, the rest of the agreement and these conditions remain in effect, and the invalid provision will be replaced by one that approximates the original as closely as possible.
6. Situations not regulated in these terms should be judged according to the spirit of these terms.
7. Unclear provisions should be interpreted according to the spirit of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity or conditions, this is explicitly stated.
2. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a full and accurate description of the products and/or services offered, detailed enough for proper evaluation by the consumer. Images are truthful representations. Obvious errors do not bind the entrepreneur.
4. All images and specifications are indicative and do not entitle to damages or contract dissolution.
5. Product images are truthful representations. Colors may vary slightly.
6. Each offer contains such information that the consumer clearly understands their rights and obligations connected to accepting the offer, including:

 the price including taxes;

 any shipping costs;

 how the contract is concluded and necessary steps;

 applicability of the right of withdrawal;

 payment, delivery and execution;

 validity period or price guarantee;

 costs of distance communication if different from regular tariffs;

 contract archiving and consumer access;

 ability to check and correct data;

 possible other languages of the contract;

 codes of conduct the entrepreneur adheres to;

 minimum duration for duration contracts.

Article 5 - The agreement

1. The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
2. If the consumer accepted electronically, the entrepreneur immediately confirms receipt electronically. Until confirmation, the consumer can dissolve the contract.
3. The entrepreneur takes adequate technical and organizational measures to secure data transmission and a secure website. For electronic payments, adequate security is applied.
4. The entrepreneur can, within legal limits, verify consumer's payment ability. With reasonable grounds, orders may be refused or conditions attached.
5. The entrepreneur will provide, in writing or on a durable data carrier, information about:

 the place of business for complaints;

 conditions and execution of the right of withdrawal;

 guarantees and after-sales service;

 information under Article 4(3) if not previously provided;

 cancellation conditions for long-term contracts.

6. Paragraph 5 applies to the first contract only in duration transactions.
7. All contracts are subject to product availability.

Article 6 - Right of withdrawal

Upon delivery of products:

1. The consumer has the right to cancel within 14 days without reason, starting day after receipt by consumer or authorized representative.
2. During reflection, consumer must handle goods carefully, only unpack as necessary to check product. Upon withdrawal, goods and accessories must be returned in original condition if possible.
3. Withdrawal must be declared within 14 days by model form or other communication; goods returned within 14 days with proof of shipment.
4. If withdrawal or return is not timely, sale is final.

Upon delivery of services:

1. The consumer can cancel services contract within at least 14 days without reason starting from contract date.
2. Withdrawal according to entrepreneur's instructions.

Article 7 - Costs in case of withdrawal

1. Consumer bears only return shipping costs.
2. Entrepreneur refunds payments within 14 days after withdrawal and receipt of goods or proof of shipment, using original payment method.
3. Consumer liable for value reduction due to improper handling.
4. No liability if entrepreneur failed to provide required withdrawal information before contract.

Article 8 - Exclusion of right of withdrawal

1. Entrepreneur may exclude withdrawal rights if clearly stated in offer or before contract.
2. Exclusion possible for products that:

 are made to consumer specifications;

 clearly personalized;

 cannot be returned by nature;

 perishable or aging quickly;

 price subject to market fluctuations;

 newspapers and magazines;

 audio/video recordings or software with broken seal;

 hygiene products with broken seal.

3. Exclusion possible for services related to:

 accommodation, transport, catering or leisure on specific dates;

 commencement with consumer consent before reflection period ends;

 bets and lotteries.

Article 9 - The price

1. Prices apply during validity period, subject to VAT changes.
2. Variable pricing allowed for market-dependent products with notice.
3. Price increases within 3 months allowed only by law.
4. Price increases after 3 months only if agreed and with cancellation right.

5. Prices include taxes.

6. Prices are subject to printing errors without liability.

Article 10 - Conformity and warranty

1. Entrepreneur guarantees products and services meet agreement, specifications, and legal requirements. Suitability for other uses if agreed.
2. Warranty does not affect statutory rights.
3. Defects must be reported within 2 months in writing.
4. Warranty period corresponds to legal period. Entrepreneur not liable for individual suitability or advice.
5. No warranty if improper use, unauthorized repair or alteration.

Article 11 - Delivery and execution

1. Entrepreneur exercises due care with orders and service requests.
2. Delivery location is consumer's specified address.
3. Orders executed promptly, within 30 days max. Delays notified; consumer can cancel without costs.
4. Delivery times do not create damage claims.
5. Upon cancellation, refund within 14 days.
6. If product unavailable, entrepreneur seeks replacement; return costs borne by entrepreneur.
7. Risk transfers upon delivery to consumer or authorized representative.

Article 12 - Duration contracts: duration, termination and extension

Termination

1. Consumer may terminate indefinite contracts for regular deliveries with max one month notice at any time.
2. Consumer may terminate fixed-term contracts with notice at end of term.
3. Termination possible anytime without restriction.

Extension

1. Fixed-term contracts may not be tacitly extended.
2. Exceptions for newspaper subscriptions up to 3 months with notice.
3. Regular delivery contracts may be tacitly extended indefinitely if cancellable at any time.
4. Trial subscriptions end automatically.

Duration

1. Contracts longer than one year may be terminated after one year with max one month notice, barring unfair circumstances.

Article 13 - Payment

1. Payments due within 7 days after reflection period unless agreed otherwise.
2. Incorrect payment data must be promptly reported.
3. Late payments may incur reasonable costs.

Article 14 - Complaints procedure

1. Entrepreneur has published complaint procedure and handles complaints accordingly.
2. Complaints must be reported within 2 months after defect discovery.
3. Responses within 14 days; delays notified with receipt confirmation.
4. Unresolved disputes may be submitted for mediation.
5. Consumers should first contact entrepreneur; complaints can be filed via EU platform http://ec.europa.eu/odr.
6. Complaints do not suspend entrepreneur's obligations unless agreed otherwise in writing.
7. If complaint is justified, free repair or replacement.

Article 15 - Disputes

1. Contracts governed exclusively by Dutch law, even if consumer resides abroad.
2. United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or in a way allowing durable storage by the consumer.