GENERAL TERMS AND CONDITIONS FOR ONLINE PURCHASES
YOUR CONTRACT PARTNER
Your contract partner is
T.W.G. KG
Amalienstraße 45
80799 Munich
Germany
+49 151 42 522 633
E-Mail: hello@thewatchguy.de
Website: thewatchguy.de/en
CEO: Jennifer Sholana
Commercial Register: District Court München, HRA 109497
CONCLUSION OF CONTRACT
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, at your request, send it to a delivery address specified by you.
PLACE OF PERFORMANCE, DELIVERY AND DELIVERY TIME
The goods you have purchased are to be picked up and paid for at the company headquarters. The place of performance within the meaning of Section 269 (1) BGB is our company headquarters for all mutual obligations.
If you wish, we can also send the goods to a delivery address specified by you. In this case, we will hand over the goods within two working days after we have received the full purchase price and corresponding notification to the deliverer. The delivery is fully insured. We do our best in meeting delivery dates. In the case of delays in delivery that are due to circumstances for which we are not responsible, the delivery periods are extended to a reasonable extent; We will inform you immediately about such delays.
The following applies to the fulfillment of a monetary debt: The buyer’s obligation to pay the purchase price expires when we have received the full amount owed at our free disposal. The obligation to return the payment is fulfilled by us by sending the total amount owed in euros to the account specified by you. For payments to and from countries outside the EU, there may be price differences due to currency fluctuations. These are entirely at your expense
PRICES
All prices are in euros, including the VAT tax applicable in Germany (if applicable) and other price components, plus shipping costs. The prices refer to the items shown in each case according to the description, but not to the content, accessories and decoration, unless otherwise stated.
For deliveries to countries outside the EU, additional customs duties, import sales tax or other charges may apply, which vary from country to country and must be paid by the customer upon delivery.
SHIPPING
For shipping within Germany the shipping fee is as follows:
- EUR 25 for a goods value of up to EUR 1,500,
- EUR 40 for a goods value of more than EUR 1,500 to EUR 5,000 and
- EUR 100 for a goods value of more than EUR 5,000 to EUR 20,000.-
- If the value of the goods exceeds EUR 20,000, the shipping costs must be requested separately.
For shipping to other countries in the European Union, the flat-rate shipping cost is:
- EUR 50 for a goods value of up to EUR 1,500,
- EUR 100 for a goods value of more than EUR 1,500 to EUR 5,000 and
- EUR 150 for a goods value of more than EUR 5,000 to EUR 20,000.-
- If the value of the goods exceeds EUR 20,000, the shipping costs must be requested separately.
For shipping to countries outside the European Union, the shipping costs must also be requested separately.
PAYMENT TERMS
The goods will be shipped after receipt of the payment amount, stating the item number and your full name.
All transfers must be made in euros. We do not accept PayPal and credit cards. In individual cases, other terms of payment can be agreed upon by individual agreement.
In Einzelfällen können durch individuelle Absprache andere Zahlungsbedingungen vereinbart werden.
RESERVATION OF TITLE, OFFSET, RIGHT OF RETENTION
- We reserve ownership of the purchased item until the invoice amount has been paid in full by the consumer. If you are an entrepreneur executing your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
- You only have the right to set off if your counterclaims have been legally established, are undisputed or recognized by us or are based on defects in the purchased item, the payment of which we assert with our claim. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
- If the customer is in delay with any payment obligations towards us, all existing claims are due immediately.
RIGHT OF WITHDRAW
There is no right of retention for personalized goods, i.e. goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
Otherwise, the following applies to your order:
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or has – or – on which you or a third party named by you who is not the carrier is, have taken possession of the last partial shipment or the last piece. The day of taking possession is not included in the calculation of the deadline. Irrespective of taking possession, the period only begins upon receipt of our General Terms and Conditions, these cancellation instructions and the model cancellation form provided below by link. To exercise your right of withdrawal, you must tell us:
T.W.G. KG
Amalienstraße 45
80799 Munich
Germany
E-Mail: hello@thewatchguy.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail to hello@thewatchguy.de) of your decision to withdraw from this contract. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF WITHDRAW
If you withdrawed this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back.
For orders within Europe, we have the goods picked up on our behalf.
You bear the direct costs of returning the goods. The costs for the return can be found in our terms and conditions – they correspond to the respective shipping costs.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
INTERNATIONAL RETURNS
When returning the goods from abroad, the direct costs of returning the goods are to be carried by the customer.
End of withdraw
CUSTOMER SERVICE, WARRANTY AND GUARANTEE TERMS
Used watches regularly lack water resistance. We have not checked the water resistance, it is excluded from a guarantee for used watches. In the case of a purchase of used goods, claims for damages are also excluded. Despite comprehensive checks, it cannot be completely ruled out that defects will occur in our products. In this case, the statutory warranty provisions apply, unless otherwise specified below: The warranty period is 1 YEAR FOR USED ITEMS, otherwise 2 years for consumers and 1 year for companies, and begins with the handover of the goods. Your warranty claims are initially limited to subsequent performance. If the legal requirements are met, you can also withdraw from the contract according to §§ 440, 323 and 326 paragraph 5 BGB or reduce the purchase price according to § 441 BGB, as well as claim damages according to §§ 440, 280, 281, 283 and 311a BGB or according to § 284 BGB demand reimbursement of expenses.
If delivered items show obvious transport damage or obvious material or manufacturing defects, please complain immediately to us or to the employee of the carrier who delivers the items. However, failure to make this complaint has no consequences for your statutory rights.
Insofar as we grant an express seller guarantee, the details result from the guarantee conditions that are attached to the item delivered in each case. Such warranty claims are without prejudice to your statutory claims and rights.
In the event of a justified complaint or notice of defects, we will reimburse you for any shipping costs you may have incurred after a goodwill check. In the event that your complaint turns out to be unjustified, you are obliged to bear the costs for insured shipping.
APPLICABLE LAW AND JURISDICTION
German law is exclusively applicable to this contract (excluding any references to other legal systems and the United Nations Convention on Contracts for the International Sale of Goods – CISG).
For contracts with merchants, legal entities under public law or special funds under public law as well as with persons who do not have a general place of jurisdiction in the European Economic Area, the place of jurisdiction and performance is our company headquarters in Munich.
COPYRIGHT NOTICE
The photos and descriptions on this website are our intellectual property and are legally protected by copyright law. They must not be copied or used without our written permission.
Your
The Watch Guy