General terms & conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the trader in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the meanings ascribed to them:

Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off Period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital Content: data that is produced and delivered in digital form;
Duration Agreement: an agreement that provides for the regular delivery of goods, services, and/or digital content over a specified period;
Durable Medium: any means - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that enables the stored information to be reproduced unchanged;
Right of Withdrawal: the consumer's possibility to withdraw from the distance agreement during the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
Distance Agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, in which only one or more techniques for communication at a distance are used up to and including the conclusion of the agreement;
Model Withdrawal Form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal with respect to his order;
Technique for Communication at a Distance: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be physically present in the same space at the same time.

Article 2 - Identity of the entrepreneur

Company name: NorthWatch

Registered address: Riouwstraat 15A, 9715BS, Groningen, The Netherlands

Email address: [email protected]

Chamber of Commerce (KvK) number: 82429081

VAT identification number: NL862467688B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement concluded between the entrepreneur and the consumer.
Before the remote agreement 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 indicate, before the remote agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request as soon as possible.
If the remote agreement is concluded electronically, in deviation from the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited validity period or is 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors 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.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall take appropriate security measures.
Within the limits of the law, the entrepreneur may establish the consumer's ability to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a request or order for a reason or to attach special conditions to the performance.
At the latest at the time of delivery of the product, service or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the address of the entrepreneur's establishment where the consumer can lodge complaints;
the terms and conditions for and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
information on warranties and after-sales services;
the price, including all taxes, of the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or performance of the distance agreement;
the requirements for termination of 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 continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer has the right to dissolve a purchase agreement regarding a product within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but cannot compel the consumer to state the reason(s) for withdrawal.
The cooling-off 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:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for several products with different delivery times, provided that he has informed the consumer about this clearly prior to the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part; for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium:

The consumer has the right to dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but cannot compel the consumer to state the reason(s) for withdrawal.
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the cooling-off period established in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the start of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received that information.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product in the same manner as he would be allowed to do in a shop. The consumer shall only be liable for any diminished value of the product resulting from a manner of handling the product beyond what is permitted in paragraph 1. The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all the legally required information regarding the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the consumer's right of withdrawal and costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur thereof within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. The consumer shall return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to the entrepreneur or an authorized representative thereof. This shall not be necessary if the entrepreneur has offered to collect the product himself. The consumer shall have observed the return period in any case if he returns the product before the cooling-off period has expired. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall be borne by the consumer. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that he will bear the costs himself, the consumer shall not bear the costs of return shipment. If the consumer exercises his right of withdrawal after having expressly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity start during the cooling-off period, the consumer shall owe the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation. The consumer shall not bear the costs for the performance of services or the supply of water, gas, electricity, or district heating that are not made ready for sale in a limited volume or quantity, or for the delivery of digital content not supplied on a tangible medium, in full or in part, if: the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form; or the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period. If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur enables the consumer to make the notification of withdrawal electronically, he shall send an acknowledgement of receipt without delay after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and in any event not later than 14 days from the day on which the consumer notified him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may withhold the reimbursement until he has received the product or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.
The entrepreneur shall use the same means of payment that the consumer used for the initial transaction, unless the consumer has agreed to a different method. The reimbursement shall not cause any fees to the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer or at least in a timely manner before the conclusion of the contract:

Products or services whose price is linked to fluctuations in the financial market that the entrepreneur does not control and that may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, under the supervision 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:
the execution started with the explicit prior consent of the consumer;
and the consumer declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
Package travel as defined in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and is not for residential purposes, goods transport, car rental services, and catering;
Agreements relating to leisure activities, if the contract provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer or which are clearly intended for a specific person;
Products that are liable to deteriorate or expire rapidly;
Sealed products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery;
Products that are irreversibly mixed with other products after delivery due to their nature;
Alcoholic beverages whose price has been agreed upon at the time of the conclusion of the contract, but which can only be delivered after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, journals or magazines, with the exception of subscriptions to these publications;
The supply of digital content not supplied on a tangible medium, but only if:
the execution started with the explicit prior consent of the consumer;
and the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - Pricing

During the validity period specified in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the preceding paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations on the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to them and:
they are the result of legal regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices of products or services mentioned in the offer are inclusive of VAT.

Article 12 - Performance of the Agreement and Extra Warranty

The entrepreneur 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 legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An extra warranty provided by the entrepreneur, his supplier, manufacturer or importer shall never restrict the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
Extra warranty means any undertaking by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfil his part of the agreement.

Article 13 - Delivery and Execution

The entrepreneur shall exercise the utmost care in receiving orders for products and in assessing requests for the provision of services, and in the execution of such orders and requests.
The place of delivery shall be the address that the consumer has notified to the entrepreneur.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be notified thereof no later than 30 days after placing the order. In such case, the consumer shall have the right to dissolve the agreement free of charge and shall be entitled to compensation for any damage incurred.
After dissolution in accordance with the preceding paragraph, the entrepreneur shall promptly refund the amount that the consumer has paid.
The risk of damage to and/or loss of products shall be borne by the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration, termination, and extension of contracts

Termination:

The consumer may terminate an agreement entered into for an indefinite period and which provides for the periodic 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 an agreement entered into for a definite period and which provides for the periodic delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and without being limited to termination at a particular time or during a particular period;
- terminate them at least in the same way as they were entered into by him;
- terminate them at all times with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement entered into for a definite period and which provides for the periodic delivery of products (including electricity) or services may not be extended or renewed tacitly for a definite duration.
Notwithstanding the preceding paragraph, an agreement entered into for a definite period and which provides for the periodic delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months, provided that 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 definite period and which provides for the periodic delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement provides for the periodic delivery of daily, news, and weekly newspapers and magazines, but less than once per month.
An agreement of limited duration for the purpose of introducing the delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate at the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 agreed in the contract or supplementary terms and conditions, the amounts due by the consumer must be paid within 14 days after the start of the cooling-off period, or if no cooling-off period applies, within 14 days after the conclusion of the contract. In case of a contract for the provision of a service, this period starts on the day following the consumer's receipt of the confirmation of the contract.
In the sale of products to consumers, the consumer may never be obliged to make an advance payment of more than 50% in general terms and conditions. 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 been made.
The consumer has the duty to report inaccuracies in provided or stated payment information to the entrepreneur without delay.
If the consumer fails to meet his payment obligation(s) in a timely manner, after being reminded by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, the consumer will owe statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500, 10% on the subsequent € 2,500, and 5% on the following € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 - Complaints procedure

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 fully and clearly described and submitted to the entrepreneur within a reasonable time after the consumer has detected the defects.
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 period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
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 subject to the dispute settlement procedure.

Article 17 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 - Additional or different provisions

Additional or different provisions that deviate from these general terms and conditions may not be to the disadvantage 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.