Terms of Sales
Terms of Sales
This website at URL ice-watch.com (“the eSTORE”) is the property of BEWATCH srl, a company under Belgian law registered under Trade Register No.: 0645.774.629; VAT BE 0645.774.629, whose head office is located Place Mc Auliffe, 34, 6600 Bastogne, Belgium, firstname.lastname@example.org (“BEWATCH”). The products you purchase on the eSTORE are sold to you by BEWATCH.
eSTORE offers are aimed exclusively at consumers.
1. About the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to all orders and purchases of Products available on the eSTORE.
With regard to any order on the eSTORE, BEWATCH will communicate electronically by sending emails. You agree that all contracts, notices, disclosures or other communications provided electronically satisfy the same legal requirements as those given in writing.
These General Terms and Conditions of Sale may change from time to time. Any change to the General Conditions of Sale applies to orders submitted from the effective date as stipulated in these General Conditions of Sale or anywhere else on the eSTORE. You are encouraged to check this page regularly for any changes as they apply to you.
WE SPECIFICALLY DRAW YOUR ATTENTION TO CLAUSE 14 (LIABILITY). IF YOU CANNOT ACCEPT THESE TERMS AND CONDITIONS OF SALE, YOU SHOULD UNDER NO CIRCUMSTANCES ORDER A PRODUCT AVAILABLE ON THE eSTORE.
2. Your account
If you create an account (personal username and password) on the eSTORE (i) you are responsible for maintaining the confidentiality of your username and password and for restricting access to it and (ii) you accept responsibility for any activity and any order relating thereto, unless they were carried out by an unauthorized third party who had access to your account other than through your negligence.
You must notify us as soon as you have reason to believe that your password has been disclosed, or if your password is or is likely to be used by an unauthorized person. You are responsible for ensuring that the details you provide to us are correct and complete and for notifying us of any changes to the information provided. You can access and update the information provided, including your account settings, in the “my account” section of the website.
When your account is created, you can:
- Modify your personal data;
- Manage your deliveries and view your order history;
- Return the Products;
- Add or edit shipping and billing addresses for your future orders.
BEWATCH reserves the right to refuse service, close an account, remove or edit content/information/data in the event of non-compliance with applicable law(s), these T&Cs of Sale or any other applicable terms and conditions or policies.
3. Order procedure
To be able to purchase eSTORE Products, you must:
- Provide your title, first name, last name, and address, language, telephone number, email address, bank details, purchase history and other necessary or login information through your customer account;
- Provide a valid delivery address in one of the following countries: Germany, France, Netherlands, Belgium, Luxembourg, United Kingdom, Austria, Italy, Spain, Portugal (Please note that BEWATCH is not able to deliver to certain addresses such as but not limited to, P.O. Box/CEDEX, foreign military addresses, certain hotels, hostels or prisons, the Channel Islands, the Isle of Man, the Isles of Scilly and White and British Army PO Boxes );
- Be over eighteen (18) years old and have the legal capacity to enter into a contract;
- Where applicable, be the owner or authorized holder of a valid credit/debit card to purchase the Products if paying through this method.
You can place an order by clicking on the “Add to Cart” button and completing the purchase procedure.
We encourage you to carefully review your order(s) by clicking on “My Basket” in the menu at the top right where the photos of the Product(s), color(s) and size(s), the quantity selected and the currency and subtotal will be displayed. Please read and accept the General Terms and Conditions of Sale, the information you have provided and correct any entry errors before confirming your order(s).
Despite all efforts made to guarantee that the color and design displayed in the photos available on the eSTORE correspond in every respect to the original Products, variations may appear, in particular depending on the screen resolution of your equipment. computer science. Consequently, BEWATCH cannot be held responsible for any non-substantial error or inadequacy regarding the photos or graphic representations of the Products present on the eSTORE. When searching for Products, you can contact our Customer Service.
You accept that your order is an offer to purchase the Product(s) included in your order (with the exception of passers-by which are free provided that the order is not unreasonable) in accordance with the General Terms and Conditions of Sale. All orders are then subject to acceptance by BEWATCH which reserves the right to refuse an order for a legitimate reason (including, but not limited to, fraudulent or suspicious orders).
4. Order processing and contract formation
When you have submitted and confirmed the information contained in your order(s) on the eSTORE, BEWATCH will send you an email acknowledgment of receipt to the address provided (“Order Confirmation”) upon your ( your) order(s) detailing the Product(s) ordered, the total amount and details of transport costs. This letter does not constitute acceptance of your order(s), but only confirmation that BEWATCH has received it.
The receipt email will also contain a link to the T&Cs which we encourage you to keep and/or print with your Order Confirmation email for your records. No Order Confirmation email will be sent in the event of an order from passer(s).
BEWATCH may decide, at its sole discretion, not to accept an order, including in the event of abnormal orders, any order from a customer with whom a dispute is still ongoing as well as orders suspected of being entered in bad faith. .
A contract for the sale of Products between BEWATCH and you is then concluded when BEWATCH sends you an email announcing the shipment of your order (“Dispatch Confirmation”). No Dispatch Confirmation email will be sent in the event of an order from passer(s).
BEWATCH reserves the right to change the Products offered on the eSTORE at any time and without prior notice.
The sales contract for Products only concerns Products for which BEWATCH has confirmed shipment in the Dispatch Confirmation email.
If you wish to return your order after receiving it, please refer to the “Returns and Refunds” section below.
You agree that the data recorded on the eSTORE constitutes proof of all transactions carried out between BEWATCH and its customers. In the event of a dispute between BEWATCH and one of its customers regarding a transaction carried out on the Site, the data recorded by BEWATCH are considered irrefutable proof of the content of the transaction.
5. Price, Handling, Shipping and Fees
The price of a Product will be the price (VAT and other taxes included, in the currency of the selected country) in effect at the time of your order and will be specified on the Order Confirmation. Where applicable, any order must be paid at the time of your validation thereof and in the applicable currency.
BEWATCH reserves the right to modify the prices of Products on the site at any time and without prior notice.
In the event of a pricing error on the eSTORE, on the Order Confirmation or elsewhere, you agree that BEWATCH has the right to either correct such error and charge the correct price or to cancel the order. If the actual price is higher than that stated on your order confirmation, BEWATCH will contact you to advise you of the correct price before fulfilling your order, and your sole remedy in the event of refusal by you will then be to cancel your order. In the event that the correct price is lower than that stipulated on your order confirmation, BEWATCH will automatically apply the latter and send you your Product(s).
If the pricing error is obvious and could be easily identified by you as an incorrect price, you agree that BEWATCH has no obligation to provide you with the Product at an incorrect (lower) price and is entitled to cancel your order, even if the Shipping Confirmation has already been sent to you.
The prices of the Products do not include transport and shipping costs but are visible on the Order Confirmation as well as the order confirmation page before it is placed. Transport costs are calculated based on the delivery location indicated when finalizing the order.
The price of the Products and handling/delivery charges are subject to change at any time, but these changes will not affect orders for which we have already sent you the Dispatch Confirmation (except in the case of a shipping error). manifest price as described above).
Passenger handling and delivery fees will not be charged.
Payments must be made by one of the payment methods you chose when placing your order. Accepted credit or debit cards will be listed during checkout. In the event that BEWATCH does not receive authorization for full payment of your order, BEWATCH reserves the right to cancel your order.
If you choose to pay with a credit card (Visa or Mastercard), upon confirmation of payment, the value of your purchase(s) will be immediately charged to the card you selected.
You assume the risks (in particular loss, theft or damage) relating to the Product(s) delivered upon their arrival at the address specified when registering your order.
Delivery can only be made to the available countries or addresses as specified in article 3 “Order procedure” of the General Terms and Conditions of Sale.
When your order is accepted, you should normally allow two to five (2-5) business days from Order Confirmation for standard delivery, provided your payment is received before 2:00 p.m. (GMT+1). These deadlines are not guaranteed and should not be considered as such. In all cases, delivery will be made within thirty (30) days after the Order Confirmation, provided that payment has been made. Any failure to deliver, late delivery, unavailability or delay of your Products must be reported to Customer Service as soon as possible. No complaint reported more than thirty (30) calendar days from the date of the Order Confirmation will be taken into account.
Passenger(s) will be sent no later than three (3) weeks from the order.
BEWATCH reserves the right to substitute another carrier at the same or lower price for your delivery.
Any delivery will be preceded by an invoice sent by email, with the exception of passers-by.
If BEWATCH cannot deliver to you within the period specified in the Order Confirmation, BEWATCH will contact you and you may decide to cancel your order. In this case, BEWATCH will reimburse you in full.
If you unreasonably delay or postpone delivery after BEWATCH has notified you that they have attempted to deliver the Product(s) ordered to you, or if you have provided an incorrect delivery address which results in a delivery failure, this package will be returned to BEWATCH.
Any lack of conformity must be checked at the time of delivery and, if anomalies are detected (for example an opened package, damaged equipment, etc.), you must describe them, if possible on the delivery note to be signed and the immediately report to Customer Service either by email or via the online contact form, for follow-up. This also applies to any Product received that does not correspond to your order, or if your delivery is incomplete.
8. Events outside the control of BEWATCH
BEWATCH cannot be held responsible for any delay or non-performance arising from an act, event, non-supervision, omission or accident or circumstance beyond its control, including but not limited to limited to one:
- public disorder, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
- strikes or plant closures (or other industrial action);
- national or local state of emergency;
- failure of means of transportation, power outage, earthquake, fire, explosion, storm, flood, landslide, epidemic or other natural disaster;
- inability to use trains, boats, planes, motorized transport or other means of public or private transport;
- acts, decrees, legislation, regulations or restrictions of any government
- extreme weather conditions (heavy snow, hurricane, etc.).
BEWATCH's obligation is suspended as long as the period of the above events continues.
9. Availability of Products
You will not be able to order Product(s) that are not in stock. If the Product(s) is/are not in stock, the contract between you and BEWATCH will not be concluded in respect of the Product(s) and the Product(s) will not be included in the Shipping Confirmation. In this case, you will be offered alternative Product(s) on the site.
10. Compatibility, product information
When you place your order, please ensure that the Products you purchase are compatible with their intended use, including waterproofing. Please use the eSTORE as a final reference point to verify compatibility. In the event of a difference between the content of the eSTORE and another website (or another source of information), the description of the Products as given on the eSTORE at the time of your purchase will prevail.
If the Products you have received do not correspond to those ordered, or if the order is incomplete or damaged during transport, you can contact BEWATCH Customer Service without delay by online contact form to request assistance.
11. Transfer of ownership of the Products
BEWATCH retains full ownership and legal rights relating to the Products until BEWATCH receives full payment for the order, with the exception of passers-by. The transfer of ownership of BEWATCH Products to you occurs at the time of delivery.
12. Return, refund and right of withdrawal when purchasing remotely
If you are not completely satisfied with the Product(s) ordered, you are entitled to a full refund (including VAT and other taxes but not delivery costs) if you return your order for a any reason within fourteen (14) days from the date of delivery of the Product(s). The refund only covers the returned Product(s). Your rights due to a defective Product remain intact after the period of fourteen (14) days.
In order to organize the return of the Product(s) ordered, follow the instructions on online return form and complete all necessary fields.
BEWATCH covers standard return costs as long as:
- you followed the return procedure (via the online return form)
- you opt for a standard return (dropped off at a Collection point)
- Items be returned within 14 days from the delivery date
In all cases, you must return the Product(s) purchased on the eSTORE to BEWATCH within fourteen (14) days from the day you completed the online return form.
For reimbursement, BEWATCH will use the same payment method as that used during the original transaction. Under no circumstances will you incur any costs resulting from such reimbursement.
If these conditions are not respected, you will have to bear the direct costs linked to the return of the Product(s). You may also be held liable if the value of the returned Product(s) decreases as a result of their return.
If you do not return the Products accompanied by valid proof of purchase (invoice, bank statement, proof of payment or other), BEWATCH reserves the right to refuse a refund. If you return Products when they are used or damaged, BEWATCH reserves the right to deduct from the reimbursement (or conversely to claim from you) an amount equivalent to the reduction in value of the Products, which can go up to 100% of the purchase price.
Your refund may be withheld until fourteen (14) days after receipt by BEWATCH of the returned Products or proof that you have returned them to BEWATCH; the earlier of the two dates being retained. Please note that your bank may take longer to reimburse you.
If you have made a group purchase and wish to return it for a refund, the entire set must be returned. If the Products purchased are part of a special offer containing several Products (for example “buy 3 watches, but only pay for 2 of them”), all Products must be returned to qualify for a full refund.
According to art. VI.47 to VI.53 CDE, for any distance sales contract, except in special situations, you legally have a right of withdrawal of 14 calendar days: download the form here.
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS AND OFFERS YOU RIGHTS IN ADDITION TO THOSE GUARANTEED BY LAW. YOU ALSO HAVE CERTAIN RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
Nothing in the General Terms and Conditions of Sale replaces or diminishes your rights or remedies in your capacity as a consumer.
BEWATCH delivers to you a Product that complies with the sales contract and is free from defects until delivery of the latter, so that it is suitable for the use normally expected of this type of product and has the same characteristics as those stipulated during the sale for two (2) years from the original delivery date of the Product(s).
This means that you can request a repair or replacement (depending, among other things, on whether or not the Product can be repaired) without charge if it turns out that the Product becomes defective. BEWATCH will repair or replace your Product with an identical or similar Product, unless otherwise specified below. BEWATCH may decide to replace your Product under warranty, whether repair of the latter is possible or not. If BEWATCH opts instead for repair, it can do so with new or refurbished components.
If the Product(s) cannot be repaired within a reasonable time, you may request a refund or price reduction. A refund granted will be made via the same payment method used during your purchase.
Please keep your purchase confirmation/invoice or give it to the recipient of the gift if applicable as this constitutes the guarantee.
This warranty does not cover normal wear and tear or damage caused by accident, mishandling, improper use (knocks, dents, crushing, etc.). Any repair (or attempted repair) not carried out by BEWATCH will void the warranty whether or not there is any damage caused by it.
The Product repaired or replaced by BEWATCH under warranty will benefit from the remainder of the warranty period (calculated from the original date of purchase of the Product). The warranty period is not extended whether your product is repaired or replaced.
BEWATCH guarantees to you that any Product purchased on the eSTORE is of satisfactory quality and is reasonably suitable for all the uses for which this type of product is generally supplied.
BEWATCH will not be responsible for ensuring that the Products are suitable for your purposes.
BEWATCH is not responsible for (i) losses not resulting from an infringement on its part, or (ii) business losses (including loss of profits, revenues, contracts, anticipated savings, data, goodwill, expenses) or (iii) indirect or consequential losses which occur as a secondary effect of your main loss or damage which neither you nor BEWATCH could foresee at the time of the sales contract, including and without limitation a loss of anticipated savings or (iv) any third party requests.
These General Terms and Conditions of Sale stipulate all of BEWATCH's obligations and responsibilities related to the sale of Products on the eSTORE. Within the limits authorized by law, there are no other guarantees, conditions or terms than those defined here in the General Terms and Conditions of Sale which bind BEWATCH.
TO THE FULLEST EXTENT PERMITTED BY LAW, BEWATCH’S TOTAL LIABILITY IS LIMITED TO THE EXACT AMOUNT PAID WHEN PURCHASING SUCH PRODUCT(S) FROM THE eSTORE. This does not include or limit in any way the liability of BEWATCH in the event that it would be unlawful for BEWATCH to exclude, or attempt to exclude, liability.
If any provision of these General Conditions of Sale is deemed illegal, void or inapplicable for any reason whatsoever, it will be eliminated from these General Conditions of Sale but will still be applied to the extent permitted by applicable law, without this does not affect the validity and enforceability of the remaining provisions.
BEWATCH Customer Service is closed on the following public holidays:
- December 25th
- January 1st
- Easter Monday
- 1st May
- Ascension Day
- Pentecost Monday
- July 21
- August 15th
- November 1st
- 11 November
17. Transfer of rights and obligations
These General Terms and Conditions of Sale bind you, BEWATCH and any other person to whom BEWATCH transfers its rights.
Without prior written consent, you may not transfer, assign or otherwise dispose of the contract with BEWATCH, or any rights or obligations relating thereto.
However, at any time during the contract, BEWATCH may transfer, assign, subcontract or otherwise dispose of the contract with you, and the rights and obligations relating thereto.
Even if BEWATCH fails to insist on strict compliance with your obligations under these T&Cs, or if BEWATCH fails to exercise a right or remedy to which it is entitled under these T&Cs, this in no way constitutes a waiver of such right or remedy and does not give you any right to breach your obligations.
19. Use of eSTORE – social networks
You must not use the eSTORE under any circumstances: (i) in any way that interrupts, damages or alters the eSTORE, or (ii) for fraudulent, illegal or criminal activity-related purposes, or (iii) in any way that cause annoyance, inconvenience or distress, or (iv) in a manner that knowingly introduces viruses, Trojan horses, worms, logic bombs or any other malicious or technically damaging programs; attempting to unlawfully gain access to the Website, the server on which the Website is hosted or any other server, computer or database connected to our Website; attacking our website via a denial-of-service attack or a distributed denial-of-service attack.
Unless we indicate otherwise, when you post a comment or transmit materials, you grant: (a) to BEWATCH the rights to use the content in a non-exclusive, royalty-free, fully assignable and transferable manner, to reproduce, modify, adapt, publish, translate, create derivatives from it, distribute or publish it throughout the world and in all media; and (b) BEWATCH, its sublicensees and assigns the right to use the name attached to the content if they wish. No moral rights are transferred under this article.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights. To the extent permitted by law, you waive the right to be identified as the author as well as the right to object to non-disparaging modification. You agree to carry out all necessary actions in order to perfect the rights granted to BEWATCH, including the signing of acts and documents, at our request.
20. Complete agreement
These General Terms and Conditions of Sale and any document expressly referring to them represent the entire agreement between BEWATCH and you and take precedence over any prior oral or written agreement, understanding or arrangement.
You acknowledge that, in formalizing a contract with BEWATCH, you have not relied on any representation, commitment or promise given by BEWATCH or a third party or which can be inferred from anything written or verbal in the context. negotiations between you and BEWATCH before entering into a sales contract, with the exception of what is expressly established in these General Terms and Conditions of Sale.
21. Applicable law and competent courts
These General Terms and Conditions of Sale and your order and/or purchase of a Product from BEWATCH on the eSTORE must be governed and interpreted in accordance with Belgian laws before the Belgian courts.
However, in accordance with Regulation EC593/2008 of June 17, 2008, these General Terms and Conditions of Sale do not exempt BEWATCH from complying with a more advantageous clause for the customer according to the law in force in its country of residence, which will apply.
Notwithstanding above, in the event of a dispute and in accordance with the clauses of Regulation No. 44/2001 of December 22, 2000, you can file a complaint either with the court where you reside, or before a Belgian court and BEWATCH may also file a complaint in a court where you reside.
You can also contact the European Commission's online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage