Definitions&Terms
«Starwatch»: name of the private limited liability company Starwatch, incorporated under Belgian law, registered with the Crossroads Bank for Enterprises (CBE) under number BE0733.900.515.
«Product»: any object or service sold by Starwatch.
«Customer»: any person or entity requesting any service from Starwatch, including the resale of Starwatch products.
«Order»: means any agreement, written or verbal, via the internet or directly, between the Customer and Starwatch, for any service, including the provisioning of equipment.
- Field of application
1.1. These general terms and conditions are applicable to all orders placed with Starwatch and to all services provided by Starwatch, whether paid or free of charge. They are the only ones applicable and replace all other conditions of the Customer.
1.2. The Customer expressly acknowledges that all contractual elements (e-mail, order, general terms and conditions) sent and/or accepted only electronically have the same legal value.
1.3 By placing an order with Starwatch, the Customer acknowledges that he/she has prior knowledge of these general terms and conditions and agrees to them.
1.4. Any deviation by Starwatch from these general terms and conditions is limited to the specific agreement containing such deviation, provided that it is in writing and signed by the parties. The present general terms and conditions remain valid for all clauses not deviated from in the written agreement.
- Offer and order
2.1. The Customer is solely responsible for the information he/she sends to Starwatch. It is the Customer’s responsibility to immediately notify Starwatch of any error, misuse or hacking of its data.
2.2. The validity period of the Starwatch offers is equal to its presence online on the Starwatch website. Notwithstanding the period of validity and as long as they have not been accepted by the Customer, these offers can be revoked or modified by Starwatch without compensation.
2.3. The illustrations provided on the website are only examples. The product ordered may differ slightly from the illustration without Starwatchbeing liable for this.
2.4. All orders are accepted under the condition that the agreed price is paid online by debit card (visa, master card, american express, bank contact), Apple pay, Paypal or Google pay.
2.5. If, after payment of the price, Starwatch finds an error in the offer or the order, or if Starwatch is unable to fulfil the order in part or in full, or if it suspects fraud, the Customer will be offered a change of order or a refund.
- Price
3.1. The prices of Starwatch are quoted in Euros, including VAT.
3.2. The prices indicated on the Website and in the offer are only for the service or material described therein, to the exclusion of any other service (transport, handling, delivery, etc.) or material.
3.3. Any price error on the site will be corrected and submitted to you. If you refuse to accept the correction, your only recourse is to cancel your order.
- Payment
4.1. Orders placed online (internet) are payable at the time of ordering, upon receipt of the payment invitation and following the instructions indicated therein.
4.2 All orders will only be executed after full payment (or authorisation of full payment) of the total price to be paid by the bank as indicated at the time of the order.
4.3. Any complaint regarding an invoice must be sent by registered letter to the Starwatch head office at the latest within fifteen days after the invoice has been sent by e-mail. After this period, the invoice is deemed to be irrevocably accepted.
4.4. Starwatch will only issue electronic invoices.
- Right of withdrawal (distance or off-premises contracts)
5.1. Upon placing an order, the Customer has the right to withdraw from the contract without penalty and without giving any reason, within a period of 14 days from the day of receipt of the order.
5.2. In order to exercise the right of withdrawal, the Customer must notify his wish to withdraw from the contract in writing (by registered mail) before the expiry of the period.
5.3. In the event of withdrawal, Starwatch is obliged to return the sums paid for the product, excluding other costs (transport, etc.), within thirty days of the withdrawal at the latest.
5.4. In case of withdrawal, in addition to the formalities described in point 5.2, the Customer must return the product received to Starwatch with its original packaging (watch box), its guarantee card and its instructions for use, as he/she received them, in perfect condition, within 14 days of their receipt. The return of the products is at the Customer’s risk and expense. If the product is returned after the 14 day period or if it arrives in bad condition to Starwatch or if an element is missing (box, warranty card, user’s manual, product), Starwatch reserves the right to deduct from the refund an amount equivalent to the reduction in value of the product. The refund only covers the returned product, excluding the cost of delivering the product to the Customer.
- Cancellation and breach of contract
6.1. In the event of cancellation of the order by the Customer after the withdrawal period referred to in Article 5.1, the Customer shall not be entitled to any reimbursement of amounts already paid.
6.2. If Starwatch cancels the order in whole or in part, the sums already paid for the part of the order affected by the cancellation will be reimbursed without further compensation.
6.3. Starwatch has the right to refuse, without incurring any cancellation charges, any abnormal order, at an obviously wrong price and even if the error originates from Starwatch, or any order suspected to be made in bad faith or coming from a Customer in dispute with Starwatch.
- Delivery
7.1. Starwatch is not responsible for the delivery: the Customer instructs Starwatch to organise the delivery via a carrier as best as possible and releases Starwatch from any responsibility for the transport itself.
7.2. The delivery is made under the conditions of the carrier; the Customer will refer to the conditions of the carrier for his delivery.
7.3. All orders placed between Monday and Friday are processed on the next working day. Orders placed on weekends or public holidays are processed on the next working day after the weekend or public holiday ends.
7.4. Orders will be delivered within 3 to 5 working days of processing for deliveries within Europe, unless otherwise stated. For the rest of the world, the Customer will refer to his carrier.
7.5. Starwatch delivers worldwide.
- Cases of force majeure
8.1. Neither party may be held responsible for the partial or total non-performance of its obligations if this non-performance is due to the occurrence of an element constituting force majeure.
8.2. The party that has been prevented from performing its obligations must inform the other party by telephone, by e-mail with acknowledgement of receipt or by registered letter within 24 hours of the occurrence of this event.
8.3. Starwatch will be responsible for all events attributable to the carrier (delay, loss, damage or destruction, etc.). Starwatch shall only be responsible for demonstrating that it has delivered the products within a period that allows delivery within the agreed period. The acceptance of the products by the carrier is deemed to be an agreement that the products are in perfect condition when picked up by the carrier.
- Implementation and obligations of Starwatch
9.1. Starwatch undertakes to do its utmost to offer its Customers a high quality of service
9.2. The information contained on the Starwatch Website is as accurate as possible but may contain inaccuracies, omissions or gaps for which Starwatch cannot be held responsible. Starwatch cannot be held responsible for any damage resulting from the Customer’s use of the StarwatchWebsite or web links.
9.3. Starwatch watches are guaranteed waterproof or water-resistant according to the conditions indicated at the time of order or delivery.
9.4. Starwatch guarantees the mechanism and case of its watches for two years. The warranty does not cover the battery, the strap or any other accessory. The warranty offered on other products is specified at the time of ordering and is recalled at the time of delivery.
9.5. Starwatch will offer its Customers an after-sales service according to the terms and conditions that will be communicated.
9.6. Starwatch reserves the right to refuse to honour an order from a Customer with whom a dispute is pending. No compensation will be due following this refusal.
- Customer’s obligations
10.1. The Customer is obliged to provide Starwatch with all information relevant to the delivery of the product in time. Starwatch cannot be held liable for incorrect, incomplete or confusing information provided by the Customer.
10.2. The Customer undertakes to cooperate with Starwatch to enable the execution of the order, even after the order has been placed. If the Customer fails to do so, Starwatch will perform its services in accordance with the original order or default conditions without the benefit of further discussion by the Customer.
10.3. The Customer releases Starwatch from any responsibility for the transport and entrusts Starwatch with the choice of the carrier that Starwatchdeems suitable.
- Warranties and liability
11.1. If the Customer wishes to contest the quality of the orders, he must send his complaint within fifteen working days from the day after delivery by registered mail.
11.2 In any event, Starwatch’s liability is limited to the amount of the contract concluded with the Customer.
- Privacy and GDPR
13.1. The Customer entrusts Starwatch with personal data and must expressly agree to this. In case of refusal, Starwatch will not be able to fulfil the order. Starwatch will not be able to claim any compensation for this.
13.2 At any time and without any justification, the Customer can oppose, by contacting Starwatch, the processing of his personal data according to the conditions communicated to him at the time of the order or later. The Customer has the right to access and modify his personal data at any time.
- Intellectual property
13.1. All logos, trademarks, photos, videos and models appearing on any medium whatsoever, real or virtual, and the models offered for sale, remain the exclusive property of Starwatch.
13.2 Unless otherwise stipulated in the general or specific conditions, any partial and/or complete reproduction of these elements, on any medium whatsoever, and for any purpose whatsoever, is prohibited.
13.3 Any use of Starwatch’s name and/or logo, trademarks, photos, videos and models without its authorisation will give rise to a fixed compensation of at least € 10,000.00 per medium (subject to proof of greater damage) and, if necessary, to the publication, at the Customer’s expense, of a correction approved by Starwatch on the same media effectively reaching the same persons.
- Various
14.1. The products of Starwatch remain the property of Starwatch until they have been paid for in full.
14.2. The invalidity, repeal or obsolescence of a clause has no effect on the other clauses. The parties undertake to replace this clause, by mutual agreement, with one or more provisions that come closest to the intention of the parties and the economic effect of the original cancelled clause.
14.3. These general terms and conditions and the details provided on the website form a contractual whole.
14.4. The contractual relationship between the parties is governed by Belgian law.
14.5. In the event of a dispute relating to the contractual relationship between Starwatch and the Customer, the Courts of Brussels and, if applicable, the Justice of the Peace of the Canton of Woluwe-Saint-Pierre, will have exclusive jurisdiction, in French language.
