General terms and conditions for online trading
watches24.com, Ottostr. 5, 80333 Munich, Germany, Tel: 089/123 64 70, e-mail: firstname.lastname@example.org watches24.com is represented by its owner Andreas Hildebrand
(1) These General Terms and Conditions (GTC) apply to all offers and services concerning the internet platform www.watches24.com. If the customer refers to the inclusion of his own business or purchasing conditions, these are contradicted.
(2) Individual contractual agreements have priority over general terms and conditions.
2. Conclusion of the contract
The service descriptions on our website www.watches24.com do not yet represent offers to conclude a sales contract. Such an offer is only made with the online order of the customer via the contact form or on the basis of an order made by telephone or in text form. The purchase contract is concluded when we hand over the ordered goods to you in our shop or accept your order, either by means of an express declaration of acceptance in writing or by e-mail, or send it at your request to a delivery address specified by you.
3. Choice of law
The law of the Federal Republic of Germany shall apply to the contractual relationships between the parties to the purchase contract. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.
4. Prices, Payment, Delivery, Shipping Costs
4.1 Prices All prices are quoted in EURO and include the valid VAT rate at the time of the order. In addition there are the shipping costs. We are subject to the differential taxation according to §25a UStG. The prices refer to the articles illustrated in each case in the Internet according to the description.
4.2 Payment After receipt of the payment amount in EURO under indication of the name and the article the dispatch takes place. We offer the following payment options:
A. In the retail shop of watches24.com, Ottostraße 5, 80333 Munich, Germany • cash payment • EC card payment (free of charge) (depending on bank daily limit usually 2.000€) • credit card (with surcharge depending on credit card company between 2.5 and 5.5%)
B. For deliveries within Germany: Prepayment by • bank transfer • PayPal (fees to be paid by the buyer - currently 2% or the current status)
C. For deliveries abroad: Prepayment by • bank transfer • PayPal (fees are to be borne by the buyer - currently 4.5% or the current status)
Payments are due immediately. The buyer has to pay the purchase amount, including the shipping costs. As payment period we grant 5 days after purchase and/or reservation. The receipt of payment by the seller is decisive. After unsuccessful expiration of the period the buyer, without further explanation of the salesman, comes automatically into delay. The buyer can assert after expiration of the period, without receipt of payment, no requirement on distribution of the article. In this case, the seller is entitled to unilaterally withdraw from the contract and offer the goods for sale elsewhere without further delay.
4.3 Delivery: As a rule, we only ship within Europe. With the value date of the purchase price on our account, we pass the delivery order to the deliverer. The delivery then usually takes place on the next day. In the event of delays in delivery which are attributable to circumstances which were not known to us when the order was placed with the deliverer and for which we are not responsible, the delivery periods shall be extended by an appropriate amount. We will inform you immediately of such delays. The dispatch takes place by value transport - comprehensive goods value insured - and by express.
If you wish the dispatch to another country, then write to us at email@example.com. Tell us the article and the country with the postal code, where the shipment is to be made.
4.4 Shipping costs within Germany:
|less than 2.500,- €||18,90 €|
|less than 5.000,- €||22,20 €|
|less than 10.000,- €||39,90 €|
|less than 25.000,- €||62,90 €|
|more than 25.000,- €||free shipping|
When paying with Paypal the following is to be considered with the dispatch:
The delivery of your order takes place for security reasons exclusively to the address deposited in your PayPal account. A different delivery address or a delivery to a DHL Packstation or a Pickpoint is not possible. Please note that after a purchase via PayPal, any money paid to us will be credited to your PayPal account in the event of a subsequent cancellation.
The customer has, if the purchased goods were not deliverable, the costs of the outward and return of the goods in full amount (see table above) to bear if he has given us an incorrect delivery address or the goods at the delivery address has not accepted.
5. Distance selling information
(1) The description of the goods results from the presentation in the Internet under www.watches24.com.
(2) The instructions about your legal right of revocation as a consumer, exceptions to the right of revocation, its premature expiry, the revocation form, the consequences of the revocation, e.g. return, return costs and value replacement, can be found under the menu item "Revocation I nstructions“.
(3) The delivery takes place after receipt of the purchase price on our account or after crediting on the Paypal/Chrono 24 account.
(4) We do not provide any customer services, in particular customer service, and do not grant any guarantees ourselves.
(5) We are not subject to any out-of-court complaint or redress proceedings.
(6) All further information about our company, the offer and the handling of the purchase result from the representations on our website.
6. Consumer dispute resolution proceedings
Since 9 January 2016, Regulation (EU) No. 524/2013 (ODR Regulation) has been in force concerning online dispute resolution in consumer matters. It applies to the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online merchants and aims to achieve a high level of consumer protection in the European internal market. Online dispute resolution (OS) is a simple, efficient, fast and inexpensive out-of-court solution to disputes. The OS platform forwards duly filed complaints to the competent AS (Out-of-Court Dispute Resolution) bodies (under national law). Use of the OS platform itself is free of charge; in proceedings before the AS offices, the consumer may incur costs (up to EUR 30.00) if his application is an abuse of rights. Link to the OS platform of the EU Commission: https://ec.europa.eu/consumers/odr Our e-mail address is: firstname.lastname@example.org.
7. Information on electronic commerce
(1) Technical steps for the conclusion of the contract
See the explanations in section 2 of our General Terms and Conditions.
(2) Contract text storage / printout
The customer can save the contract text by using the function of his browser "Save as" to save the relevant Internet page on his computer. The print function of his browser also enables him to print out the text of the contract. We save the contract texts ourselves and make them available to the customer by e-mail or post on request.
(3) Language The language available for the conclusion of the contract is exclusively German.
(4) Code of Conduct We have not subjected ourselves to any particular code of conduct (set of rules).
A statutory liability for defects exists for the purchased goods. The warranty period (i.e. the liability period) for defects in the goods is 24 months for new goods and 12 months for used goods.
The warranty period begins with the delivery of the goods to the buyer.
Warranty claims for new and used goods become statute-barred within two years of handover of the goods to the buyer. It remains, however, with the regular limitation period of 3 years,
beginning with the end of the year in which 1. the claim arose and 2. the creditor becomes aware of the circumstances giving rise to the claim and of the person of the debtor or should have become aware of them without gross negligence,
• if it concerns liability for damages resulting from injury to life, body or health which are based on a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty committed by one of my vicarious agents or
• if it concerns liability for other damages which are based on an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty committed by one of my vicarious agents or
• when it comes to liability for fraudulently concealed defects, claims under guarantee promises or liability under mandatory statutory provisions, e.g. under the Product Liability Act, or
• in the case of claims arising from a rescission carried out by mutual agreement between the parties to the purchase contract, a reduction carried out by mutual agreement between the parties to the purchase contract or from any other agreement between the parties to the purchase contract relating to the settlement of warranty claims.
The two-year limitation period for recourse claims in accordance with §§ 478 BGB remains unaffected.
The warranty does not cover normal wear and tear or normal wear and tear.
In the case of used watches, water-resistance is excluded from the warranty.
In the case of tradespeople and/or dealers, any liability for material defects and/or warranty/guarantee as well as return is excluded.
9. Retention of title
We reserve the right of ownership of the delivered item until receipt of all payments from the purchase contract.
10. Note to the battery law (BattG)
If the offer includes accumulators or batteries, you are legally obliged to dispose of used batteries or accumulators separately. Please hand them in at a municipal collection point or at a local retailer. Batteries and accumulators that you have received from us can be returned to us free of charge. Batteries or accumulators containing harmful substances are marked with the symbol of a crossed-out dustbin and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find these instructions in the documents accompanying the consignment or in the manufacturer's operating instructions.
11. Transport damage
(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible. (2) Failure to make a complaint or contact us has no consequences whatsoever for your statutory warranty claims. However, you help us to be able to assert our own claims against the carrier or the transport insurer.
12. Data protection
You will find the data protection declaration for the implementation of the data protection requirements in the separate data protection declaration.
13. Copyright notice
The photos posted on our website and the texts created by us are protected by copyright. Unauthorized copying and publishing of these (also only in extracts) will be prosecuted according to § 97 UrhG.
14. Place of jurisdiction
For all mutual disputes of the contracting parties resulting directly or indirectly from the contractual relationship - Munich - is agreed as the exclusive place of jurisdiction if the contracting parties are merchants, legal entities under public law or special funds under public law.
15. Severability clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions.