ONLINE CONSUMER GOODS TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
1. THESE TERMS
1.1 PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE SITE, PRE-ORDERING or PURCHASING OUR PRODUCTS, DOWNLOADING OUR APPS OR OTHERWISE USING OUR SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND ACKNOWLEDGE THAT THESE TERMS OF SERVICE CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, PLEASE DO NOT USE, OR CEASE USING, OUR SITE AND SERVICES. IF YOU ACCEPT OR AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE.
1.2 These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Wanderwatch Europe BV, a limited liability company registered in Tilburg, the Netherlands. Our company registration number is 63266695 and our registered office is at Warandelaan 2 / T713, 5037 AB Tilburg, the Netherlands
2.2 You can contact us by emailing our customer service team at firstname.lastname@example.org
2.3 If we have to contact you we will do so by telephone or by email.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when you place an order on our website www.wanderwatch.com and we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5. RIGHTS TO MAKE CHANGES
5.1 We can make minor changes to the Products. We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements from our supplier and
(b) to implement minor technical adjustments and improvements
5.2 If you wish to make a change to the Products you have ordered please contact us and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply and anything else which would be necessary as a result of your requested change.
6. PROVIDING THE PRODUCTS
6.1 If you purchase a device via our webshop, you give Wanderwatch Europe the order to arrange the transportation of the product to the delivery address for your own account and risk. You will receive a Track & Trace code when the delivery process starts. We deliver our Products to the European Union only on the following basis:
(a) For delivery throughout the we will use a reliable courier. Additional costs may apply.
(b) We will dispatch items as soon as reasonably possible and in any event within 24 to 48 hours after receipt of your order
(c) We aim to deliver orders within 2-5 business days within Europe.
(d) We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
(g) The Product will be your responsibility from the time we deliver the Product to the address. From delivery onwards, you will be the owner and, hence, responsible for the device itself and for your correct care and use of the device.
6.2 We ship outside the European Union DDU (Delivery Duty Unpaid). In that case, our product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. As the amount depends on each country’s policies, we are unable to advise you about the amount this may be in your country.
Please check the device upon delivery. If you find that the instructions for use are unclear or that there may be something wrong with the device, please contact email@example.com, no later than 14 days after receipt.
7. EXCHANGE AND RETURN POLICY
7.1 We hope you are completely happy with your Product but if you are not there is no need to worry. We will be pleased to exchange or have a Product returned to us at our discretion.
7.2 If what you have bought is faulty, misdescribed, the wrong order or you have simply changed your mind you may have a legal right to end the contract. To end the contract with us, please let us know by emailing our customer service team on firstname.lastname@example.org.
7.3 The Product must be returned in its original condition
7.4 In all circumstances where you are returning the Product where you are exercising your right to change your mind you must pay the costs of return
7.5 Please note that we are not responsible for any delays in the Product being returned to us.
7.6 If you have just changed your mind about the Product you may be able to get a refund if you contact us within 28 days of placement of your order. You will have to pay the costs of return to us.
7.7 We reserve the right on a case by case basis to refuse return and refund of the goods at our discretion. You do not have the right to change your mind, exchange or return Products where they have been used or damaged and each returned Product will be inspected on an individual basis. Returns should be in the original state, unused and in the original packaging.
7.8 We will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price. Deductions from refunds will be made on the price you paid for the Product to reflect any reduction in the value of the Product if this has been caused by your handling of the Product or the value of the Product has been reduced.
7.9 We may end the contract for a Product at any time by contacting you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
7.10 We reserve the right to withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided and or suggest replacements
8. PRICE AND PAYMENT AND PERSONAL INFORMATION
8.1 The price of the Product will be the price indicated on the order pages when you placed your order. All prices stated are in Euros
8.2 Products are being taken on a “pre-order” basis at present. We offer several payment options. Not all payment options may be available in your country
8.3 Adding credits to the prepaid simcard will be charged via the Parent’s App. You will have an option to pay with the click of a single button. To do this, your payment information is stored safely and compliant at our payments provider secured datawarehouse. We will not charge you unless you explicitly make a payment by pressing the payment button in the app and confirming the payment.
8.4 We will use the personal information you provide us with to:
a. supply the Products to you
b. process your payment for the Products
c. inform you of marketing promotions, new Products and updates.
d. authorize you to use the Product and Services
8.5 We will collect all details on the purchase of a Product with a prepaid sim card and upload accordingly. These details including names, addresses and contact details are held independently through our Manufacturer’s data storage and databases on a secure server behind a firewall.
9.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
9.2 Nobody else has any rights under this contract. This contract is between you and us.
9.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
9.5 Dutch law is applicable.
9.6 If you qualify as a consumer or household customer under the laws applicable in your country, your local consumer protection laws may apply on top of the protection that Dutch law gives you. If there is an inconsistency between these terms and the local consumer protection laws, the mandatory provisions of such laws will have priority over these terms.
9.7 Any dispute shall always be submitted to the competent court in Amsterdam, the Netherlands.
10. RIGHT TO USE DEVICE AND/OR APP
10.1. You may use our products/services for personal use. The right to use includes the right to download and install the necessary software and/or our app.
10.2. MINORS MAY ONLY REGISTER AND USE OUR PRODUCTS/SERVICES WITH THE EXPRESS CONSENT OF THEIR PARENTS/GUARDIANS.
11. OWN RESPONSIBILITY
It is the responsibility of the user to ensure that the battery is sufficiently charged and passwords are kept confidential.
Please note that this Product is not a safety device and as with any GPS or mobile device, the accuracy of information shown on the tracking depends on a number of factors including:
• the quality of the connection between the Product and the GPS satellites and the connection with the mobile phone network
• bad weather
• tall buildings
• the Product being indoors
• poor signal/reception areas
• the watch being turned off/taken off
Such factors can result in information being lost, delayed or unavailable. The Product does not guarantee the safety of your child and is not a safety device. The Product provides a guide as to location but not a guaranteed location. The Product must not be used as a substitute for appropriate supervision.
UNDER NO CIRCUMSTANCES SHALL WANDERWATCH EUROPE EVER BE LIABLE FOR ANY ACTUAL OR ALLEGED DAMAGES RELATING TO DEATH, INJURY, PROPERTY DAMAGE, OR CONSEQUENTIAL / INDIRECT LOSSES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE PRODUCT.