Vintwatches – Our General Terms and Conditions (GTC)
§ 1 - Scope and provider identification
1.1 These general terms and conditions (hereinafter referred to as "GTC") apply to the free use of our online shop on the website www.vintwatches.de (hereinafter referred to as "online shop"), as well as to all contracts concluded via the online shop with you as our customer (hereinafter referred to as "customer" or "buyer") and are aimed equally at entrepreneurs within the meaning of Section 14 of the German Civil Code ("entrepreneurs") and consumers within the meaning of Section 13 of the German Civil Code ("consumers").
1.2 A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
1.3 The following general terms and conditions of Vintwatches Uhrenhandel (Daniel Tourgman) apply exclusively to online orders of goods via the website www.vintwatches.de. Am Amazonenwerk 83, 49205 Hasbergen, Germany Email: service@vintwatches.de Legal form: sole proprietorship watch trade / Osnabrück-Land trade office Tax number: 65/144/16261 - VAT ID no.: DE310069782 - Osnabrück-Land tax office Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected. 1.4 Purchase of products directly from Vintwatches The customer can purchase watches of various brands directly from Vintwatches in our online shop ("purchase"). The prices at the time of the order apply. Promotional offers in our shop may be limited in time or quantity. Details can be found in the product description. 1.5 Immediate sale and brokering of a product purchase through Vintwatches
As a consumer, the customer is also able to sell watches through our online shop. In addition, the special provisions of the "Commission business for consumers within the meaning of Section 13 of the German Civil Code as consignors" ("Commission Provisions") apply, which can be viewed here. In the event of contradictions between these General Terms and Conditions and the Commission Provisions, the provisions of the Commission Provisions take precedence.
§ 2 - Formation of the contract
2.1 The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
2.2 To purchase products in the Vintwatches online shop, the customer can place the selected goods in the shopping cart and then enter the required data for the order process in the specified mask. After choosing the shipping method and the desired payment method, as well as accepting these terms and conditions, the customer sends his binding offer by clicking on the "Buy" button.
2.2.1 Acceptance by Vintwatches takes place by expressly declaring acceptance to the customer by email no later than the end of the third working day following the day of the offer, or by sending the goods. Vintwatches is entitled to reject contract offers without giving reasons.
2.2.2 Vintwatches also reserves the right to withdraw from the contract if the goods are not in stock from a carefully selected and reliable supplier through no fault of Vintwatches (subject to self-supply). In such a case, Vintwatches undertakes to inform the customer immediately about the unavailability of the goods and, if applicable, to immediately refund any payments made.
2.2.3 The customer has the option of concluding the contract in German or English.
2.2.4 Vintwatches saves the contract text of the order. We send the customer an order confirmation and an order confirmation with all the order data to the email address provided by the customer.
§ 3 - Prices and payment methods
3.1 Vintwatches offers the customer various payment methods, which can be viewed in detail here.
3.2 The prices at the time of the order apply. All prices are stated in EUR and include VAT. Shipping costs are not included in this price and are displayed separately in the ordering process.
3.3 For purchase contracts between Vintwatches and the customer, the total amount to be paid including shipping costs is due immediately.
3.4 If the debt collection fails, the customer must reimburse Vintwatches for the additional costs incurred, insofar as he is responsible for the failure.
§ 4 - Shipping and delivery
4.1 The products sold by Vintwatches are shipped by the shipping service providers specified under Vintwatches shipping costs.
4.2 The customer bears the costs of shipping. The amount of the shipping costs can be found in the shipping price overview, which can be viewed here. The binding shipping costs are also displayed in the order overview before the order is placed.
4.3 Goods purchased through Vintwatches are only sent with transport insurance by the shipping partners named under Vintwatches Payment & Shipping.
4.4 Vintwatches delivers to delivery addresses within Germany and to Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, the United Kingdom and Cyprus.
4.5 The expected delivery time is shown to the customer in the respective product description and is valid from receipt of payment. The delivery time may be subject to the usual fluctuations in postal delivery and may be delayed by force majeure and other events beyond the control of Vintwatches and its vicarious agents.
§ 5 - Customer obligations
5.1 The customer is not permitted to take any action that could result in an unreasonable or excessive load on the Vintwatches infrastructure.
5.2 Customers may not block, overwrite or modify any content generated by Vintwatches or otherwise interfere with the Vintwatches website.
5.3 The content stored on the Vintwatches website may not be copied or distributed, used or reproduced in any other way without the prior consent of the rights holders. This also applies to copying by other automatic mechanisms.
5.4 Vintwatches is entitled to block customer accounts if there is suspicion of fraudulent or other abusive use of a customer account. Vintwatches will inform the customer of a block by email if the purpose of the block is not jeopardized by the information.
§ 6 - Our liability
6.1 Vintwatches always endeavors to ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the Vintwatches website may also be occasionally interrupted or restricted to enable repairs, maintenance or the introduction of new facilities. Vintwatches endeavors to limit the duration and frequency of these temporary interruptions.
6.2 Vintwatches is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
6.3 In cases of slight negligence, Vintwatches is liable for breach of a material contractual obligation. A material contractual obligation within the meaning of this section is an obligation whose fulfillment makes the implementation of the contract possible in the first place and on whose fulfillment the contractual partner can therefore regularly rely.
6.4 In the case of section 6.3, Vintwatches is not liable for lack of economic success, lost profits and indirect damages.
6.5 Liability in accordance with the above clause 6.3 is limited to the damage that is typical and foreseeable at the time the contract is concluded.
6.6 The liability limitations apply accordingly to the employees, agents and vicarious agents of Vintwatches.
6.7 Any liability of Vintwatches for guarantees given and for claims based on the Product Liability Act remains unaffected.
§ 7 - Warranty
7.1 The statutory warranty rights apply to all contracts between Vintwatches and the customer.
7.2 The product images may differ from the appearance of the delivered products.
7.3 If the goods are defective, we will provide subsequent performance within a reasonable time, i.e. either replacement delivery or removal of the defects. The place of performance for subsequent performance is our headquarters in Hasbergen. If the subsequent performance you have chosen is only possible at disproportionate expense, we are entitled to subsequent performance in another form. The expenses required for subsequent performance will be borne by us. If a reasonable period for subsequent performance has expired without result, you have the right to cancel the purchase contract or reduce the purchase price, at your discretion.
7.4 If you decide to cancel the purchase contract, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. However, the deterioration caused by the intended use is not taken into account.
7.5 Liability for defects in used items is excluded for entrepreneurs as buyers; this does not apply in the case of gross negligence or intent; for new items, the warranty rights expire within six months of the transfer of risk.
7.6 For consumers, the warranty rights expire within two years for new items and within one year of the transfer of risk for used items.
7.7 Normal signs of wear and tear (e.g. scratches on the case or strap) do not constitute defects under the law of sale in used goods.
7.8 Damage caused by improper handling of the goods by the buyer is excluded from liability for defects.
7.8.1 Exclusions Examples: a) The repair of damage caused intentionally by the customer. b) The repair of water damage is generally excluded from the warranty for all used items. c) Bracelets, glasses, crowns and all wearing parts as well as damage caused by natural or normal wear and tear are excluded from the warranty.
§ 8 - Right of withdrawal for consumers
8.1 Right of withdrawal
If you are a consumer and there is no contract within the meaning of §1 of our General Terms and Conditions, you have a right of withdrawal in accordance with the following instructions:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the withdrawal period begins on the day on which you or a third party designated by you who is not the carrier took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Vintwatches Uhrenhandel, Daniel Tourgman, Am Amazonenwerk 83, 49205 Hasbergen, email: service@vintwatches.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments that we have received from you, including 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), immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to us immediately and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
8.2 Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to us.
8.3 The right of cancellation does not apply to distance selling contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
This also applies to the services and repairs we offer, which are excluded from cancellation after the service has been provided. Furthermore, any individually designed goods are excluded from cancellation and exchange.
§ 9 - Battery Act
In connection with the sale of batteries or rechargeable batteries or with the delivery of devices - especially watches - that contain batteries, we are obliged to inform end users of the following in accordance with the Battery Ordinance:
Batteries should not and must not be disposed of in household waste. As an end user, you are legally obliged to return used batteries. After use, you can return old batteries that we have or have had in our range as new batteries to a municipal collection point or to a local retailer free of charge. Our supplier has fulfilled its obligation to report to the Federal Environment Agency. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can. This means that the batteries or rechargeable batteries must not be disposed of in household waste. The chemical name of the harmful substance is located near the garbage can symbol. The other symbols shown have the following meaning:
Pb = battery contains more than 0.004 percent lead by weightCd = battery contains more than 0.002 percent cadmium by weightHg = battery contains more than 0.0005 percent mercury by weight.
Please note the above information. Electrical and electronic devices must not be disposed of in household waste. Consumers can hand in their old electrical devices free of charge at one of the municipal collection points.
§ 10 - Retention of title
9.1 The goods remain the property of Vintwatches until the purchase price has been paid in full. Before ownership is transferred, pledging, transfer of ownership by way of security, processing or modification is not permitted without the consent of Vintwatches.
9.2 The buyer is obliged to treat the goods with care until the purchase price has been paid in full.
§ 11 - Data protection
As part of our data protection declaration on www.vintwatches.de, we provide additional information on data protection as well as the type, scope and purpose of the collection and use of personal data by us.
§ 12 - Other provisions
12.1 Differing terms and conditions of the customer do not become part of the contract even if Vintwatches does not expressly object to their validity.
12.2 The customer can only offset or assert a right of retention against claims from Vintwatches if his counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the respective claim in question.
12.3 German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favorability principle). The law of the Federal Republic of Germany applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
12.4 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
12.5 European online dispute resolution platform: As of February 15, 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without initially involving a court. The dispute resolution platform can then be reached via the external link http://ec.europa.eu/consumers/odr/.
12.6 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hasbergen.
12.7 Should individual provisions of these terms of use be or become invalid and/or contradict statutory regulations, this shall not affect the validity of the terms of use in other respects.