Article 1. Definitions
1.1. Optiwatch: established in Groningen and registered with the Chamber of Commerce under registration number 85902985, trading under the name Optiwatch.
1.2. Website: the Optiwatch website, which can be consulted via www.optiwatch.nl and all associated subdomains.
1.3. Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Optiwatch and/or has registered on the Website.
1.4. Agreement: any arrangement or agreement between Optiwatch and the Customer, of which the General Terms and Conditions form an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries from Optiwatch, unless expressly agreed otherwise in writing.
2.2. If the Customer includes provisions or conditions in his order, confirmation or communication implying acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Optiwatch if and insofar as they have been expressly accepted in writing by Optiwatch.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always rely on the applicable provision that is most favorable to him.
Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from Optiwatch include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be stated clearly in a timely manner before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, Optiwatch cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Optiwatch are therefore subject to obvious programming and typing errors.
3.4. Optiwatch cannot be held responsible for (colour) deviations due to screen quality.
Article 4. Establishment of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of Optiwatch's offer and compliance with the conditions set by Optiwatch.
4.2. If the Customer has accepted the offer electronically, Optiwatch will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3. If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Optiwatch has the right to only fulfill its obligation after the correct information has been received.
4.4. Optiwatch can inform itself within legal frameworks whether the Customer can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Optiwatch has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.
Article 5. Execution of Agreement
5.1. As soon as the order has been received by Optiwatch, Optiwatch will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
5.2. Optiwatch is entitled to engage third parties to perform the obligations arising from the Agreement.
5.3. The Website clearly describes in a timely manner before the Agreement is concluded how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
5.4. If Optiwatch cannot deliver the products within the agreed period, it will notify the Customer. In that case, the Customer can agree to a new delivery date or he will have the option to terminate the Agreement free of charge.
5.5. Optiwatch advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.
5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk as regards these products passes to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.
5.7. Optiwatch is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.
Article 6. Right of withdrawal
6.1. This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
6.2. Customer has the right to terminate the distance contract with Optiwatch free of charge within 14 days of receipt of the product, without giving reasons.
6.3. The period commences on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:
• if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
• in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, received the first product.
6.4. Customer must bear the return costs himself. If these costs are higher than the regular postal rate, Optiwatch will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
6.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. Customer will only open the packaging and use the product only to the extent necessary to verify the nature, characteristics and operation of products. The basic principle here is that this inspection may not go further than what the Customer could do in a physical store.
6.6. Customer is only liable for depreciation of the product that is the result of handling the product that goes beyond what is permitted in the previous paragraph.
6.7. Customer can terminate the Agreement in accordance with the term stated in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Optiwatch, or otherwise unambiguously informing Optiwatch that he renounces the purchase. In the event of a digital notification, Optiwatch confirms receipt of that notification. After cancellation, the Customer still has 14 days to return the product. It is also possible to immediately return the product within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
PO Box 2162, 9704 CD, Groningen
6.8. Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner as the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Optiwatch does not have to reimburse the additional costs for the more expensive method. Unless Optiwatch offers to collect the product itself, Optiwatch may wait with reimbursement until Optiwatch has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
6.9. Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in a timely manner before concluding the Agreement.
Article 7. Payment
7.1. Customer must make payments to Optiwatch according to the payment methods indicated in the ordering procedure and possibly on the Website. Optiwatch is free to choose whether to offer payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
Article 8. Warranty and conformity
8.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Optiwatch provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the just stated.
8.2. Optiwatch guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Optiwatch also guarantees that the product is suitable for other than normal use.
8.3. A warranty provided by Optiwatch, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
8.4. If the delivered product does not comply with the Agreement, the Customer must notify Optiwatch within a reasonable period after discovering the defect.
8.5. If Optiwatch considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, taking into account the Article regarding liability, is equal to the price paid by the Customer for the product.
Article 9. Guarantee for business purchases
9.1. Optiwatch guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Optiwatch also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
9.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Optiwatch of this within a reasonable period after discovering the defect.
9.3. If Optiwatch considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 10. Complaints procedure
10.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of Optiwatch's services, he can submit a complaint to Optiwatch by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
10.2. Optiwatch will provide the Customer with a response to his complaint as soon as possible, but in any case within 3 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Optiwatch will confirm the complaint within 3 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to the complaint. from Customer.
10.3. Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, accessible via http://ec.europa.eu/odr/.
Article 11. Liability
11.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
11.2. Optiwatch's total liability towards the Customer due to attributable failure to comply with the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
11.3. Liability of Optiwatch towards the Customer for indirect damage, which in any case - but expressly not exclusively - includes consequential damage, lost profits, lost savings, loss of data and damage due to business stagnation, is excluded.
11.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Optiwatch has no liability towards the Customer for compensation, regardless of the grounds on which an action for compensation would be based. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Optiwatch.
11.5. Optiwatch's liability towards the Customer due to an attributable shortcoming in the performance of an Agreement only arises if the Customer immediately and properly gives notice of default to Optiwatch in writing, setting a reasonable period to remedy the shortcoming, and Optiwatch also continues to fulfill its obligations after that period. continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that Optiwatch is able to respond adequately.
11.6. The condition for the existence of any right to compensation is that the Customer reports the damage in writing to Optiwatch as soon as possible, but no later than 30 days after it occurred.
11.7. In the event of force majeure, Optiwatch is not obliged to compensate the Customer for any damage caused as a result.
Article 12. Retention of title for Business Purchases
12.1. All delivered goods remain the property of Optiwatch until all claims that Optiwatch has on the Business Customer (including any related (collection) costs and interest) have been paid in full.
12.2. Before the transfer of ownership referred to, the Business Customer is not authorized to sell, deliver or otherwise dispose of these items other than in accordance with his normal business and the normal destination of the items. In addition, the Business Customer is not permitted to pledge these items or grant any other right to them to third parties as long as the ownership of these items has not been transferred to the Business Customer.
12.3. Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of Optiwatch.
12.4. Optiwatch is entitled to take back the goods that have been delivered under retention of title and are still present with the buyer if the Business Customer does not ensure timely payment of the invoices or is or is likely to have payment difficulties.
12.5. Business Customer will at all times grant Optiwatch free access to its goods for inspection and/or to exercise Optiwatch's rights.
Article 13. Personal data
13.1. Optiwatch processes the Customer's personal data in accordance with the privacy statement published on the Website.
Article 14. Final provisions
14.1. Dutch law applies to the Agreement.
14.2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Optiwatch is located.
14.3. If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible.
14.4. In these General Terms and Conditions, "written" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Optiwatch
Osloweg 23
9723 BG, Groningen
Phone: 0637275396
Email: info@optiwatch.nl
Chamber of Commerce number: 85902985
VAT number: NL004171729B11
