Terms and Conditions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: a natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader;
3. Day: a calendar day;
4. Continuing contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
5. Durable medium: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
7. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
9. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being physically present in the same place at the same time.
10. General Terms and Conditions: the trader’s General Terms and Conditions set out herein.

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

Registered office address (not a visiting address)
Vestaplein 72
1521 AN, Wormerveer

1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be stated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or by other means, at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions in these general terms and conditions are, at any time, wholly or partially void or are set aside, the contract and these terms and conditions shall remain in force in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the meaning of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The trader is entitled to amend and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Where the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or omissions in the offer are not binding on the trader.
4. All images and specifications in the offer are for illustrative purposes only and cannot give rise to a claim for compensation or the termination of the contract.
5. Images accompanying products are a true representation of the products on offer. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
6. Every offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any delivery costs;
   • the manner in which the contract will be concluded and the steps required to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the contract;
   • the time limit for accepting the offer, or the period within which the trader guarantees the price;
   • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
   • whether the contract will be archived after it has been concluded, and if so, how the consumer may access it;
   • the manner in which the consumer, prior to concluding the contract, can check the information provided by them in the context of the contract and, if desired, correct it;
   • any other languages in which, in addition to Dutch, the contract may be concluded;
   • the codes of conduct to which the trader is subject and the manner in which the consumer may consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a continuing performance contract.
   • Optional: available sizes, colours and types of materials.

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. Until the trader has confirmed receipt of this acceptance, the consumer may withdraw from the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.
4. The trader may – within the limits of the law – ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.
5. The trader shall provide the consumer with the following information, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, together with the product or service:
   • the visiting address of the trader’s premises where the consumer may lodge complaints;
   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information on guarantees and existing after-sales service;
   • the details set out in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
   • the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
7. Every contract is entered into subject to the condition precedent of sufficient availability of the products in question.

1. When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, receives the product.
2. During the cooling-off period, the consumer must handle the product and its packaging with care. They must only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the trader with all accessories supplied and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 30 days of receiving the product. The consumer must provide this notification by means of a written message or email. Once the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide evidence that the goods have been returned in good time, for example by means of proof of dispatch.
4. If, by the end of the periods specified in paragraphs 2 and 3, the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader, the sale is deemed to have been concluded.

1. If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of the complete return can be provided.

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded:

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to a consumer who is physically present or is given the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Contracts for the provision of services, after the service has been fully performed, but only if:
   • performance has commenced with the consumer’s express prior consent; and
   • the consumer has declared that they will lose their right of withdrawal once the trader has fully performed the contract;
4. Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance and other than for residential purposes, the carriage of goods, car hire services and catering;
5. Contracts relating to leisure activities, where the contract specifies a particular date or period for performance;
6. Products manufactured to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that are perishable or have a limited shelf life;
8. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
9. Products which, by their nature, have been irrevocably mixed with other products after delivery;
10. Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
11. Sealed audio and video recordings and computer software, the seals of which have been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
13. The supply of digital content other than on a tangible medium, but only if:
    1. performance has commenced with the consumer’s express prior consent; and
    2. the consumer has declared that they thereby forfeit their right of withdrawal.

1. During the period of validity stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any prices quoted are indicative prices shall be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases taking effect 3 months or more after the conclusion of the contract are only permitted if the trader has stipulated this and:
   1. they result from statutory regulations or provisions; or
   2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.

1. The trader guarantees that the products and/or services comply with the contract, the specifications set out in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. Any guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
4. The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is at no time 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.
5. The warranty does not apply if:
   1. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   2. The products supplied have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been treated in contravention of the trader’s instructions and/or the instructions on the packaging;
   3. The defect is wholly or partly the result of regulations which the government has laid down or will lay down regarding the nature or quality of the materials used.

1. The trader shall exercise the utmost care when receiving and fulfilling orders for products.
2. The place of delivery shall be the address provided by the consumer to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company shall fulfil accepted orders with due diligence, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
5. If delivery of an ordered product proves impossible, the trader shall endeavour to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment shall be borne by the trader.
6. The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Termination

1. The consumer may terminate a contract entered into for an indefinite period and relating to the regular supply 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.
2. The consumer may terminate a contract entered into for a fixed term and providing for the regular supply of products (including electricity) or services at any time, subject to the agreed notice rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:
   • terminate at any time and are not restricted to termination at a specific time or during a specific period;
   • terminate them at least in the same manner as they were entered into by the consumer;
   • terminate at any time with the same notice period as that stipulated by the trader for themselves.

Renewal

1. A contract entered into for a fixed term and which provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, a contract entered into for a fixed term and relating to the regular supply of dailydaily, weekly and monthly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer may terminate this extended contract towards the end of the extension period with a notice period of no more than one month.
3. A contract entered into for a fixed term and relating to the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in the event that the contract provides for the regular, but less than once a month, delivery of daily newspapers, news papers, weekly newspapers and magazines.
4. A fixed-term contract for the regular supply of daily newspapers, news papers, weekly newspapers and magazines on a trial basis (trial or introductory subscription) is not tacitly renewed and ends automatically upon expiry of the trial or introductory period.

Duration

1. If a contract has a term of more than one year, the consumer may, after one year, terminate the contract at any time subject to a notice period of no more than one month, unless reasons of reasonableness and fairness preclude termination before the end of the agreed term.

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period commences once the consumer has received confirmation of the contract.
2. The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or stated.
3. In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the consumer for reasonable costs of which the consumer has been informed in advance.

1. Complaints regarding the performance of the contract must be submitted to the trader within 7 days of the consumer becoming aware of the defects, and must be fully and clearly described.
2. Complaints submitted to the trader will be responded to within 14 days of the date of receipt. If a complaint is likely to take longer to process, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
4. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
5. If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the delivered products free of charge.

1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer is resident abroad.