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SunnyWatches Partners

SunnyWatches Partners

Terms and Conditions for SunnyWatches.com

Terms and Conditions SunnyWatches.com 

Article 1: Applicability
a
. These terms and conditions shall apply to all offers and agreements where SunnyWatches acts as the seller of articles of merchandise. The English text of these terms and conditions is binding and rights cannot be derived from any translation. Additions to or deviations from these terms and conditions shall only apply if accepted in writing by SunnyWatches. No rights can be derived from any promises made by any SunnyWatches employee unless they have been confirmed in writing by SunnyWatches.
b. General terms and conditions of customers shall not apply unless their applicability has been accepted explicitly in writing by SunnyWatches.

Article 2: Definitions
- SunnyWatches: is a trading name of the private company with limited liability Moho Internet Concepts B.V. (See Article 11 for more details.)
- Customer: the person who concludes an agreement with SunnyWatches.
- In writing: a letter put down on paper as well as a message that has been prepared and defined electronically.
- Order confirmation: a written confirmation provided by SunnyWatches of the order placed by the customer regarding an order that is sent by SunnyWatches to the (e-mail) address specified by the customer or that is issued to said customer.

Article 3: Agreement conclusion
a
. A SunnyWatches offer shall be deemed to have been accepted by the customer should said customer have specified in the SunnyWatches order procedure which article(s) said customer wishes to receive as well as having filled in the other information and this order has been received by SunnyWatches after it has been sent.
b. An agreement shall be concluded once SunnyWatches has confirmed the customer's acceptance of a SunnyWatches offer through an order/order confirmation in writing. SunnyWatches shall not be obliged to conclude an agreement and can decide not to conclude an agreement at its own discretion.

Article 4: Prices
a
. Prices are expressed in Euros unless otherwise specified.
b. When a price on the website is depicted as €0, it means that the product linked to it is not yet in stock, and that ordering this product will be impossible for as long as a price tag fails to occur. Should this be the case, no rights can be derived from the prices on the website. As soon as products are ready for delivery, prices are subject to change.
c. Prices include Dutch VAT

Article 5: Payment
a
. Payment must take place using one of the methods specified on the SunnyWatches website or, as a departure from this, using a method to be further specified by SunnyWatches.
b. If paying by using a credit card, the data shall be sent through a secure server. SunnyWatches shall request authorisation from the card issuer for the credit card.
c. If paying by using a credit card, the customer must provide a copy of a valid identity card and credit card at the first request of SunnyWatches. SunnyWatches shall be entitled to demand from the customer that said customer use a different payment method than the one that has been selected.
d. Credit card payments will debited by www.SunnyWatches.com.
e. All payments will be taken in Euros.

Article 6: Delivery of orders
a
. SunnyWatches aims at ensuring customers receive orders at least fifteen (15) days after order confirmation.
b. Shipment shall be at the expense of the customer.
c. Orders shall be sent at the expense of the customer via FedEx or a similar courier service in relation to addresses inside the Netherlands. Shipments by FedEx or any local courier service are not insured.
d. The orders shall be delivered by FedEx at the address as specified by the customer unless nobody is available to receive them. Should this be the case, FedEx will leave written notification that shall list the telephone number of the nearest FedEx office. The customer can next make an appointment to ensure the orders can be obtained.
e. If in deviation to the above orders are sent within the Netherlands through FedEx or through a similar courier service, the provisions shall apply as if the orders were being sent to an international address.
f. Should the customer not accept, pick up or have picked up a order sent to said customer, and the order is returned to SunnyWatches by FedEx or any local courier service, the customer shall be deemed to be waiving his or her right to delivery. The customer shall be obliged to compensate SunnyWatches for the costs incurred in relation to the return shipment.
g. It is the responsibility of the customer to provide SunnyWatches with the correct delivery address. At any time the customer is obliged to inform SunnyWatches of any change in address.

Article 7: Customer Guarantee
SunnyWatches guarantees the quality and authenticity of its products. All items of merchandise are accompanied by a certificate of safety and quality as provided for by European Directives (and as per Legislative Decree n°46 of 24/02/1997 and Ministerial Decree n° 180 of 04/05/1998) and by a certificate of authenticity and origin issued by the manufacturer.

Article 8: Return policy
Please follow instructions as described on our Return policy page.

Article 9: Force majeure
a. Shortcomings in relation to the execution of the agreement cannot be attributed to a party should these not be due to the fault of the party or when said party cannot be deemed responsible for them in accordance with the law, the agreement or according to generally accepted standards.
b. SunnyWatches can invoke force majeure should the SunnyWatches shortcoming be partly or fully the result of war, mobilisation, riots, flooding, fire, accidents, strikes, occupations, measures set by the government, non-delivery of required orders to SunnyWatches by third parties and other unforeseen events.

Article 10: Brochure (Web) of SunnyWatches
a
. The information stated in the brochure is subject to changes due to price changes and/or errata. Amounts mentioned on the website are based on prices, exchange rates, duties and taxes as they are known by SunnyWatches at the time of its printing.

Article 11: Information from and about Moho Internet Concepts B.V.
a
. Moho Internet Concepts B.V.  has a registered office in Groningen (postal code 9717 LW, address Noorderdwarsstraat 9) has been registered in the Registry of Companies under number 02095588  0000.
b. SunnyWatches is a commercial company specialised in offering orders for authentic sunglasses and watches.

 Article 12: Applicable law
- This agreement shall be governed by Dutch law. Insofar as deviating from statutory jurisdiction rules is allowed, the competent court shall examine all disputes that may occur between SunnyWatches and the customer within the District of Groningen unless SunnyWatches should prefer to submit the dispute to the competent court in the city where the customer resides.

Groningen 30 Juli 2007