Download our general terms and conditions here (PDF).
Table of Contents:
In these conditions, the following terms shall have the following meanings:
Name entrepreneur: Quist Watch Group BV
Trading under the name: Quist Watches
Establishment address: Geert van Oorschotstraat 6, 3059TS Rotterdam
Phone number: +31103220636
Availability: Monday to Friday from 09:00 to 17:00
Email address: support@quistwatches.nl
Chamber of Commerce number: 83748385
VAT number: NL862976443B01
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected by the consumer and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content.
Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
In the case of product delivery:
1. The consumer has the right to dissolve an agreement regarding the purchase of a product within a reflection period of 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
2. The reflection period mentioned 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:
a. if the consumer has ordered multiple products in the same order: the day the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided they have informed the consumer clearly before the ordering process.
b. if the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party designated by them, received the last shipment or part;
c. for agreements for regular delivery of products over a specified period: the day the consumer, or a third party designated by them, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer has the right to terminate a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within 14 days without stating any reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide their reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium when not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the originally established reflection period in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the information mentioned in the preceding paragraph to the consumer within twelve months from the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:
Termination:
The consumer can terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the specified duration, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the preceding paragraphs:
a. at any time and is not limited to termination at a specific time or during a specific period;
b. terminate at least in the same manner as they were entered into;
c. always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension:
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration.
Contrary to the preceding paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement involves the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.
Duration:
Unless otherwise specified in the agreement or additional conditions, the amounts due from 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 agreement. In the case of a service agreement, this period begins on the day after the consumer receives the confirmation of the agreement.
In the sale of products to consumers, the consumer should never be obligated in general terms to make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has taken place.
The consumer has the obligation to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) in a timely manner, after being reminded by the entrepreneur about the late payment and being granted a 14-day period to still meet his payment obligations, the consumer is liable for statutory interest on the still outstanding amount after the expiry of this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500, and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.
For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer should first notify the entrepreneur of this.
If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request from the entrepreneur whether he also wishes this or prefers the dispute to be dealt with by the competent court. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee makes decisions under the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by binding advice.
The Disputes Committee will not handle a dispute or stop the proceedings if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually terminated his business activities before a dispute has been heard by the committee and a final decision has been rendered.
If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes mainly concerning the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.
Thuiswinkel.org guarantees the compliance with the binding recommendations of the Disputes Committee Thuiswinkel by its members, unless the member decides to submit the binding recommendation to the court for review within two months after its dispatch. This guarantee is revived if the binding advice remains in force after the court’s review, and the judgment confirming this has become final and binding. Thuiswinkel.org will pay out to the consumer up to a maximum amount of €10,000 per binding advice. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. Thuiswinkel.org has an obligation to make efforts to ensure that the member complies with the binding advice for the excess amount.
For the application of this guarantee, it is required that the consumer makes a written appeal to Thuiswinkel.org and assigns his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim exceeding the amount of €10,000 to Thuiswinkel.org, after which this organization will, at its own expense and in its own name, demand payment in court to satisfy the consumer.
Additional 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 the consumer can store them in an accessible manner on a durable data carrier.
Changes to these terms and conditions will only take effect after being published in an appropriate manner, provided that, in the case of applicable changes during the validity of an offer, the provision most favorable to the consumer will prevail.
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)
a. To: [Name of the entrepreneur]
[Geographical address of the entrepreneur]
[Fax number of the entrepreneur, if available]
[Email address or electronic address of the entrepreneur]
b. I/We* hereby inform you that I/we* withdraw from our agreement concerning
the sale of the following products: [ product description ]*
the delivery of the following digital content: [digital content description]*
the performance of the following service: [service description],
withdraw
c. Ordered on*/received on* [order date for services or receipt date for products]
d. [Name of consumer(s)]
e. [Address of consumer(s)]
f. [Signature of consumer(s)] (only if this form is submitted on paper)
g. [Date]
*Delete as appropriate or fill in as applicable.