Terms and Conditions

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 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Distance contract: a contract concluded remotely concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable medium: any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
Distance agreement: an agreement under which, as part of a system organized by the entrepreneur for remote selling of products and/or services, one or more means of remote communication are exclusively used until the conclusion of the agreement;
Means of remote communication: a tool that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously in the same room.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Wristin
Email: contact@wristin.com
Chamber of Commerce number: 61478660

Business address (No visitor address)
Vestaplein 72
1521 AN, Wormerveer

Article 3 – Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any distance agreement and orders between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer before the agreement is concluded in such a way that it can be easily stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the case of conflicting terms and conditions.
If one or more provisions in these general terms and conditions are fully or partially invalid or are annulled, the agreement and these terms and conditions shall remain in effect, and the relevant provision will be replaced by a provision that closely approximates the original in mutual agreement.
Situations not regulated in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.
Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions should be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or cancellation of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- the method by which the agreement will be concluded and the actions required for this;
- whether the right of withdrawal applies;
- the method of payment, delivery, and performance of the agreement;
- the period within which the offer can be accepted or the period during which the entrepreneur guarantees the price;
- the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used;
- whether the agreement will be archived after it is concluded, and if so, how the consumer can consult it;
- how the consumer can check and, if necessary, correct the information provided by them in connection with the agreement before concluding the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has committed and how the consumer can access these codes electronically; and
- the minimum duration of the distance agreement in the case of a duration transaction.
- Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth therein.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within legal frameworks, the entrepreneur may inquire whether the consumer can meet his payment obligations, as well as any facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation to refrain from entering into the agreement, he is entitled to refuse an order or application, or attach special conditions to its execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion from the right of withdrawal;
- information about warranties and existing after-sales services;
- the information referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
- the requirements for terminating the agreement if the agreement lasts for more than one year or has an indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer, known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is required to notify the entrepreneur within 14 days after receiving the product. The notification must be made in writing or by email. After notifying the entrepreneur of the intention to use the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned in time, for example, by providing proof of shipment.
If the customer has not notified the entrepreneur of the intention to use the right of withdrawal within the time frames mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer uses his right of withdrawal, the costs for returning the products are at the expense of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional upon the product being returned to the entrepreneur, or a conclusive proof of complete return shipment being provided.

Article 8 – Exclusion of 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 in the offer, at least in a timely manner before the conclusion of the agreement:

Products or services whose price is linked to fluctuations in the financial market which the entrepreneur cannot control and which may occur during 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 given the possibility of being present at the auction, led by an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;
Service agreements, after the full performance of the service, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of execution and is not for residential purposes, goods transportation, car rental services, or catering;
Agreements related to leisure activities, if the agreement specifies a certain date or period for the execution of these activities;
Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
Products that, by their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages whose price was agreed upon at the time the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
Sealed audio, video recordings, and software, whose seal has been broken after delivery;
Newspapers, magazines, or journals, except for subscriptions to them;
The delivery of digital content other than on a material medium, but only if:
1. the execution has started with the express prior consent of the consumer; and
2. the consumer has declared that he loses his right of withdrawal.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and which the entrepreneur cannot control, with variable prices. This link to fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
1. these result from legal regulations or provisions; or
2. the consumer has the authority to cancel the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
1. The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
2. The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur’s instructions and/or the treatment indicated on the packaging;
3. The defect is entirely or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when accepting and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order can only be partially executed, the consumer will be notified within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.
In case of cancellation according to the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after the cancellation.
If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs for any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and communicated to the entrepreneur, unless otherwise explicitly agreed.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer can cancel an agreement concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services, at any time, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel an agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, observing the agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
- at any time and is not limited to cancellation at a specific time or within a specific period;
- at least in the same manner as they were concluded by the consumer;
- at any time with the same notice period as the entrepreneur has agreed for themselves.

Extension

An agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a definite period.
Notwithstanding the previous paragraph, an agreement concluded for a definite period that extends to the regular delivery of daily newspapers, weekly newspapers, and magazines may be extended tacitly for a definite period of up to three months, provided that the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular delivery of daily, news, or weekly newspapers and magazines, but less than once a month.
An agreement with a limited duration for the regular trial delivery of daily newspapers, weekly newspapers, and magazines (trial or introductory subscription) will not be extended tacitly and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report any inaccuracies in the provided or indicated payment details to the entrepreneur.
In the case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at its choice, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.