GENERAL TERMS & CONDITIONS
– Last updated on December 7th –
In these general terms and conditions and on the website www.iguazu.world under IGUAZU is understood Iguazu B.V., a company established under the laws of the Netherlands.
2014 KW Haarlem
Customer Care contact details
Registered with the Chamber of Commerce under number 73243477
1. On all offers, orders, purchases and deliveries of IGUAZU products through the Website these terms and conditions apply.
2. These terms and conditions are accessible for anyone via the homepage www.iguazu.world
3. In the case of any discrepancy between language versions, the English version prevails.
4. Upon request, IGUAZU can send a copy of these terms and conditions to the buyer.
5. By ordering IGUAZU products via the Website, the buyer agrees to these terms and conditions.
6. IGUAZU has the right to amend these terms and conditions periodically.
3. THE OFFER
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. Our offers contain a complete and accurate description of the products being offered.
3. IGUAZU is not bound by obvious errors or mistakes in our offers.
4. Every offer contains information that makes it clear to the buyer what his/her rights and obligations are related to the acceptance of the offer.
4. THE CONTRACT
1. A contract will be concluded, subject to Clause 3 and paragraph 3 of this Clause, between the buyer and IGUAZU, at the moment the buyer accepts an offer from IGUAZU and all conditions to accept this offer have been fulfilled.
2. IGUAZU will immediately confirm receipt of acceptance of electronically accepted offers to the email address provided by the buyer once accepted. It is the responsibility of the buyer to provide the correct e-mail address during the order process. The buyer can dissolve the contract as long as the acceptance has not been confirmed by IGUAZU to the e-mail address provided by the buyer.
3. IGUAZU may obtain information – within statutory frameworks – about the buyer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the contract. If that research gives IGUAZU proper grounds for declining to conclude the contract, then it has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
4. IGUAZU will send to the buyer, at the latest when delivering a product, the following information, in writing, or in such a way that the buyer can store it on an accessible durable medium:
4.1. the office address of IGUAZU’s business location where the buyer can lodge complaints;
4.2. the conditions under which the buyer can make use of the right of withdrawal and the method for doing so;
4.3. information on guarantees and existing after-sales service;
4.4. the price, including all taxes on the product
4.5. the method of delivery; and
4.6. the model form for right of withdrawal.
All prices shown on the Website are including VAT, in accordance with the applicable legislation. In case an order will be shipped to a delivery address outside the EU, VAT will be removed at the checkout. Please note: in case of an order that is shipped to an address outside the EU, the buyer may be subject to import duties and taxes, which are levied when the shipment reaches the specified delivery address. The buyer will be responsible for payment of such import duties and taxes. It should be noted that IGUAZU has no control over these charges and, since these charges are different for different countries, IGUAZU cannot predict their amount. IGUAZU advises the buyer to contact the local customs office for further information.
1. IGUAZU offers the following safe payment methods: Credit Card, PayPal, iDeal
2. The buyer will be bound to the terms and conditions of the payment provider of its choice in relation to the payment. IGUAZU has no control over these terms and conditions and cannot be held responsible for the contents thereof.
1. IGUAZU offers free shipment on all our products to buyers to the countries that can be selected when choosing the shipping address.
2. The buyer bears the responsibility for the correct input of the delivery address; in case anything goes wrong with the shipment of an order due to an error in the delivery address made by the buyer, IGUAZU cannot be held responsible for the (partial) loss of the shipment. In case IGUAZU needs additional information regarding a delivery address, the buyer may be approached by IGUAZU in order to provide additional information. A delay in the delivery may occur in case additional information regarding the delivery address is needed.
3. IGUAZU will use all reasonable efforts to deliver the order within the expected delivery terms to the delivery address. IGUAZU cannot be held liable for any delays in the delivery of an order.
4. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the buyer will be informed about this as soon as reasonably possible after the order has been placed. In this case, the buyer has a right to dissolve the contract free of charge.
5. The risk of damage and/or loss of products rests upon IGUAZU up to the moment of delivery to the delivery address, unless this has explicitly been agreed otherwise.
6. In case the buyer receives a product that the buyer did not order, the buyer must inform IGUAZU hereof as soon as possible (within 24 hours after receiving the order) by email to firstname.lastname@example.org. The buyer will take care of the return shipment of such a product after receiving return instructions from IGUAZU and IGUAZU will bear the costs of this shipment and will subsequently take care of the shipment of the correct product to the buyer, provided the buyer has fully conformed with the return instructions from IGUAZU.
7. In case a product has been delivered to the buyer in damaged or incomplete state, the buyer must inform the IGUAZU customer care team at email@example.com as soon as possible (within 24 hours after receiving the order). Subsequently, IGUAZU will decide how to deal with the matter at hand; the customer must always inform IGUAZU in the aforementioned situation(s) and wait for the instructions of the IGUAZU customer care team. A customer who returns a product in this situation at his own costs, without first contacting and awaiting the instructions of the customer care team, cannot claim the costs he/she made at IGUAZU (nor hold IGUAZU responsible for the return shipment that took place without prior consent of IGUAZU).
8. In case the order that has been shipped or is being shipped by IGUAZU to the buyer, is missing, went missing, or in case the buyer claims that he/she did not receive the order (despite information such as the track & trace data / carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The buyer will fully cooperate with the complaint procedure of the carrier. In case of a shipment that went missing as the result of an error by the carrier (and after the complaint procedure of the carrier has been completed), IGUAZU will either refund the customer or IGUAZU will try to re-ship the ordered product.
9. In case a shipment still has not been delivered at the delivery address of the buyer14 days after the shipment date the buyer has the obligation to inform the IGUAZU customer care team by email within 14 days (so: ultimately 28 days after the shipment date).
8. TRIAL PERIOD and REVOCATION
1. Unless stated otherwise, the buyer has the right to revoke the contract during a trial period of 30 days after having received the order, without having to state a reason for his/her revocation (please note the abovementioned exceptions: in case a product is delivered that was not ordered, or if a product is delivered that is damaged or incomplete, the buyer has the obligation to inform the IGUAZU customer care team by email and to await further instructions).
2. The buyer who wants to exercise his right of revocation shall report this to IGUAZU, within the trial period, by means of the model Revocation Form included here and as provided to the buyer together with his/her order, or in any other unequivocal way.
3. The return address for returns within the trial period is:
2014 KW Haarlem
In case of a defect or warranty request, a different return address may apply, therefore in such case, please always first contact our customer care team and await further instructions.
4. In case the buyer wishes to use his/her right to revoke the contract, the buyer is only allowed to unpack and/or to use the ordered product as far as is needed to be able to determine whether he/she wants to keep the product. The buyer may only handle and inspect the product in the same way that he would be allowed in a physical shop. During the trial period the buyer must carefully handle the product and keep the original undamaged packaging (meaning the box the product comes in; not the cardboard box that is only used for delivery).
5. The buyer will return the ordered product to IGUAZU no later than 30 days after the day of reporting his/her wish to revoke the contract to IGUAZU together with all the accessories (if any) and, insofar possible, in the original state and packaging, in accordance with the return instructions of IGUAZU (as described on the packing slip).
6. The buyer is responsible for the return shipment of his/her order and the burden of proof for exercising the right of revocation correctly and in time. IGUAZU strongly advises the buyer to return a product by insured shipment and in a sealed packaging. In case an insured return shipment goes missing, gets damaged or in case the reception of a returned shipment is denied (for example in case no valid signature can be shown by the carrier), the buyer may have the option to hold the carrier liable. The buyer, as the sender of the return shipment, can start the complaint procedure for any issue that may occur with the return shipment. The buyer will keep the (official, digital) receipt of his/her return shipment that contains the tracking information.
7. The buyer is responsible for the cost of return shipments under this clause.
8. Provided that all requirements for revocation have been met, IGUAZU will credit the buyer as soon as reasonably possible and in any event within 14 days after having received the return shipment (no credit applies for costs of the return shipment). Any credit due as a result of a returned product, will be credited to the account that the buyer used to pay the original order.
9. In case the buyer wishes to use his/her right to revoke the contract or to cancel his/her order, while the shipment of the buyer’s order has already left the IGUAZU warehouse (which usually on work days will occur right after the buyer places his/her order) – even if the shipment has not yet arrived at the buyer’s shipment address of choice – the costs of returning the shipment to IGUAZU will be borne by the buyer.
10. In case any import taxes, duties or customs (administrative) costs are due, because the shipment has been imported into the buyer’s shipment country of choice (a process that in most cases cannot be stopped, once the shipment is on its way to the buyer’s shipment country of choice), these costs will be borne by the buyer. Upon crediting the buyer, IGUAZU will deduct the import taxes, duties and/or custom (administrative) costs as far as these were charged to IGUAZU (as the sender of the parcel) upon crediting the buyer.
9. WARRANTY AND REPAIR
1. The IGUAZU warranty policy is automatically in effect upon purchase of any IGUAZU products. IGUAZU grants a five (5) year warranty period on its watches. The warranty guarantees the buyer that the products meet the standards of usability, reliability and durability.
2. The warranty only applies to products that are bought on our website www.iguazu.world or through one of our official resellers. To claim under our warranties, the buyer needs to present the original purchase documentation received from our website or an official retailer.
3. The warranty does not apply in case of:
– theft or loss;
– intentional damage;
– damages as a result of improper usage such as scratching, bumping or falling;
– normal wear and tear or aging of the used materials; or
– damages as a result of neglected care.
4. The warranty on a watch relates to the movement and not to other parts such as the glass or the strap. Wear traces visible on the watch, must be considered as normal effects of usage. The effects of perspiration on the strap differ from one person to another, due to the differences in acidity.
5. IGUAZU watches are 5 ATM Water Resistant: this means that the watch is protected during swimming but not diving.
7. The warranty no longer applies in case a third party performed repair works or other works on the product, without prior written permission by IGUAZU.
8. Shipment costs for a return shipment after a warranty request or repair request (for defects occurring after the buyer has used the product), will be borne by the buyer.
9. In case of questions regarding returns and warranty, the buyer can always contact the IGUAZU customer care team via email at firstname.lastname@example.org.
10. PERSONAL DATA AND PRIVACY
IGUAZU complies with the privacy regulations, as recorded in the “Wet Bescherming Persoonsgegevens” (the “Dutch Personal Data Protection Act”). The buyer, for example , always has the possibility to see, to amend or to delete his/her personal data, by logging into his/her account on www.iguazu.world.
IGUAZU will store the data entered by the buyer in a file. The data will be used for the purpose of fulfilling the buyer’s order and will be stored as long as is necessary in order to deal with possible issues regarding the fulfilment of the order. IGUAZU guarantees that all personal data will be handled with care. The buyer’s personal data will not be shared with any third party, except for purposes of fulfilling the order or for repair purposes. IGUAZU is allowed to use the buyer’s data to advertise products to the buyer.
11. APPLICABLE LAWS
These terms and conditions are governed by Dutch law, provided however that consumers may also be able to invoke mandatory legislation applicable in their own country of residence. Any disputes between IGUAZU and the buyer will be brought before the competent court of Haarlem.
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/
IGUAZU / EUROPE WATCH GROUP B.V.
By using our website www.iguazu.world personal data might be collected and processed. The owner of the brand IGUAZU is Iguazu B.V. (hereinafter called “IGUAZU” or “we” or “us”), which company is responsible for the collection and processing of such personal data.
IGUAZU is committed to being open and transparent regarding how we collect, use and protect personal data of our customers, business partners and other individuals. Personal data is information about an identified individual or who is reasonably identifiable by such personal data. In this privacy statement we explain to you how we operate, for example, we indicate what kind of personal data is processed by us and for what purpose.
We are highly dedicated to protect the privacy and personal data of all our customers, business partners and other visitors to our website. All personal data is therefore carefully stored, processed and protected.
IGUAZU carefully observes and meets all obligations arising from the General Data Protection Regulation (Regulation (EU) 2016/679) and other Dutch privacy laws.
2014 KW Haarlem
Customer Care contact details:email@example.com
Registered with the Chamber of Commerce under number 73243477
PERSONAL DATA; WHICH DATA AND WHY?
When using our website, you share with us certain information or leave certain information behind. For example, this might be the case when placing an order, when you subscribe to a newsletter or when you indicate that you wish to receive information regarding IGUAZU watches or jewelry.
The personal data we might collect and process from our website are:
– your name, date of birth, gender, email and (billing and shipping) address of individuals;
– company name, chamber of commerce file number and VAT number, if relevant;
– payment information;
– your (mobile) telephone number;
– which product(s) you ordered;
– your correspondence with IGUAZU, if any;
– behavior data (online movement, use of the internet and the length of your session); and
– IP addresses and time stamps.
We may use this personal date for the following purposes:
– to properly process and fulfill any orders placed assessment and acceptance of our business partners;
– to analyse and/or improve the quality and quantity of information our products, (customer) services and websites;
– to fine tune our correspondence (amongst others) with regards to deliveries and refunds;
– to send information, offers and promotions based on your interest and click and surf behavior;
– to answer questions asked through, for example, the website;
– to provide news and information regarding IGUAZU, new products and services;
– to be able to provide the customer with a personal account on our website;
– to allow you to connect with our social media accounts;
– research on the level of satisfaction of the customers, business partners or others; and
– internal analysis for (consumer) research purposes.
We may analyse your personal information to create a profile of your interests and preferences so that we can tailor and target our communications in a way that is timely and relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. This allows us to be more focused, efficient and cost effective with our resources and also reduces the risk of someone receiving information they may find inappropriate or irrelevant. For this purpose, we process your personal data based on our legitimate interests.
We may also use data about how you use our website to prevent or detect fraud, abuse, and illegal uses and to comply with court orders, governmental requests or applicable law.
The personal data we might collect and process if you apply for a job at IGUAZU are:
– your name, date of birth and gender;
– resume details; and
– contact details: telephone number, email and address.
The personal data you provide in your application for a job opening at IGUAZU and as part of the recruitment process will only be held and processed to facilitate the selection process and in connection with any subsequent employment. We process your personal data for this purpose as a preparatory step to possibly entering into an employment contract with you. If you are not selected, we will keep your personal data to contact you for any new job applications, if we think it could be a match. For this purpose, we process your personal data based on your consent.
HOW LONG WILL INFORMATION BE KEPT?
We shall store and process your personal data for as long as we believe would be necessary to fulfil the purposes for which we collected such personal data. Nevertheless, we shall not retain your personal data for a period exceeding five years, unless applicable law requires otherwise, This does not consider (anonymous) information in relation to statistic purposes.
In case we receive your personal data when you apply for a job opening at IGUAZU, we will hold your data for no longer than 12 months. In the event of your application resulting in the offer and your acceptance of a position at IGUAZU, the data collected will become part of your employment record and will be used for employment purposes.
Your personal data may be transferred within the IGUAZU group and shared with companies working under the brand IGUAZU. Such information may be exchanged for us to have a complete overview of your information within the whole IGUAZU group and for administrative purposes.
We might share your personal data with the following third party service providers processing personal data on behalf of Iguazu B.V.: (i) media agencies and technical suppliers for distribution of physical and digital direct marketing and IGUAZU product promotions, (ii) companies to validate your address, communication agencies to send you order confirmation, warehouse and distribution suppliers in connection with the delivery of your order, payment service providers for your payment, (iii) research and analysis agencies for our internal data analysis purposes.
BROWSER SESSIONS AND IP ADDRESS
We use the IP address of your computer. This IP address is a number that is automatically assigned to your computer during a browsing session. The IP address of your computer can be used to see how websites are used and for the preparation of analyzes.
What are cookies?
Deleting or disabling cookies
• Internet Explorer
• Safari (iOS)
• Safari (macOS)
Which types of cookies does IGUAZU use, and what for?
The cookies used by IGUAZU can be divided into different categories:
This category of cookies is necessary to ensure the proper functioning of the website. They ensure, for example, that information from one page is carried over to the next. This means you don’t have to repeatedly fill in the same information. These cookies also ensure that certain preferences that you’ve indicated for the use of the website (such as language settings) are retained. Your prior consent is not required for the use of these cookies.
These cookies are necessary to align our website as well as possible with the wishes of our users, by determining how our visitors use our website. We use Mouseflow, Google Analytics and Dynamic Yield. Mouseflow keeps track of where you click on our sites. This means we can optimise these pages to display the most relevant information in the best places. With Google Analytics, we measure the way you use our website and how you found us. We use this information to improve our site. We test any changes to our sites first by using Dynamic Yield. For more details about the cookies that these parties place and the data that can be collected with them, we refer below to the statements by these parties. Your consent is not required for the use of these cookies.
With Google Analytics, Adwords, YouTube and Adroll cookies, we measure how you use the IGUAZU website. We use this information to help you choose the product that suits you the best and to show you offers for products you may be interested in during remarketing campaigns. We use Facebook & Instagram cookies to see which products you view. This enables us to show you relevant advertisements on Facebook and Instagram.
For more details about the cookies that these parties place and the data that can be collected with them, we refer below to the statements by these parties. Your consent is required for the use of these cookies: Google, Facebook & Instagram and Adroll.
Social Media (plugin) cookies
You can share the content on our website with social media parties by using buttons. For more details about the cookies that these social media parties place when you click on the buttons, we refer to the statements of these parties. Your consent is required for the use of these cookies: Facebook, Instagram and Pinterest.
YOUR RIGHTS; WITHDRAWAL, ACCESS, CORRECTION AND REMOVAL
You are entitled to be obtain free-of-charge information concerning data stored about your person and, as the case may be, to correct, restrict the processing, enable the portability of, or delete those data. If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, block or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please send an email to us by using the email address stated under ‘Contact Details’.
You may also submit a complaint to the responsible data protection supervisory authority, if you believe that we have not respected your rights.
EMAIL ADVERTISING: UNSUBSCRIBE AND RIGHT TO OPT-OUT
E-mail advertising if you do not subscribe to the newsletter and your right to opt out.
If we receive your e-mail address in connection with the sale of a product or service and you have not opted out, we reserve the right to regularly email you offers for products from our product range that are similar to those you have already purchased. This serves the protection of our legitimate interests in promoting and advertising our products to customers that are overriding in the process of balancing of interests.
You can opt out of this use of your email address at any time by sending a message to the contact option specified below or by using the opt-out link in the advertising email, without incurring any costs beyond the cost of transfer calculated at the base rates.
E-mail advertising if you subscribe to the newsletter.
If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent, using the data required or disclosed by you separately for this purpose.
You may unsubscribe from the newsletter service at any time. For this purpose you can either send a message to the contact option specified below or use the opt-out link in the newsletter. Upon unsubscription, we will delete your email address unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.
UNSUBSCRIBE (TO NEWSLETTERS)
We will send you information about IGUAZU, our products that are the same or similar to those that you have ordered from us and/or other information of which we believe that you will find useful. If you no longer wish to receive any information about IGUAZU, you can at any time follow the unsubscribe instructions included in each marketing email that you receive from IGUAZU.
PROTECTION AND MANAGEMENT OF YOUR PERSONAL DATA
We use a variety of security measures, including encryption for account passwords and authentication tools, to maintain the safety of your personal data. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems.
The personal data of customers we collect or generate and process in the context of our website will be stored in the Netherlands and may be further stored for process purposes in the United Kingdom and Ireland.
DATA PROTECTION AUTHORITY
We will be happy to assist you with any complaints which you may have about the processing of your personal data. However, please note that you also have the right to file a complaint with the Data PROTECTION Authority if you believe that we do not comply with applicable privacy law.
ADJUSTMENTS TO THIS PRIVACY STATEMENT
The type of personal data that we need and the purposes we need such personal data for may change over time. Therefore, we reserve the right to amend our privacy statement at any time. The most up-to-date version of this privacy statement is published on our website and will apply upon publication on our website.
If you have any further questions about our privacy statement, please contact us by using the information stated above under ‘Contact Details’.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information whilst it is in transit over the internet and any such submission is at your own risk. All we can do is use all our reasonable efforts to safeguard your personal data and ensure that we maintain a reliable and safe environment to use your personal data. It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal data if you use a shared computer or a computer in a public place.
This privacy statement was last modified in December 2018