Terms and conditions with customer information
The following terms and conditions also include information about your legal rights under the provisions on distance selling contracts and e-commerce.
- Scope of application
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and costs of shipping
- Methods of payment
- Retention of title
- Defects liability and warranty
- Right of withdrawal
- Exclusion from the right of withdrawal
- Retention of wording of contract
- Data security
- Jurisdiction, Applicable Law, Contract Language
1. Scope of application
1.1. For the business relationship between Mick Joergensen and Johannes Simon GbR (WatchBandit.com) and the customer (hereinafter “Customer”) only the following terms and conditions apply, in the version valid at the time of the order.
1.2. You can contact our customer service for questions, customer complaints or other claims on weekdays from 9:00h to 18:00h by phone at +49170-9665506 or by e-mail at email@example.com.
1.3. Within these T&C the consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or professionally self-employed activity (§ 13 BGB).
1.4. Different conditions concerning the customer are not recognized, unless the seller agrees to their importance in writing.
2. Offers and service descriptions
2.1. The presentation of products in the online shop is not a legally binding offer, but an invitation to make an order. Service descriptions in catalogs and on the websites of the Seller do not constitute a representation or warranty.
2.2. All offers are valid “while stocks last”, if not stated otherwise in the products. In addition, errors excepted.
3. Order process and conclusion of contract
3.1. The customer can choose products from the seller’s product range without obligation and over the [add-to-cart] button collect them in the so-called shopping cart.
3.2. Afterwards the customer can complete the ordering process by clicking the button [Proceed to Checkout] within the shopping cart.
3.3. By clicking the [buy] button the customer makes a binding offer to purchase the goods in his/her cart. Before submitting the order, the customer can change and revise the data at any time. Required fields are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print using the [print] function (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the seller and does not constitute the acceptance of the request. The sales contract is first concluded when the seller within 2 days ships or hands over the ordered product to the customer or within 2 days confirmed the shipment with a second e-mail, explicit order confirmation or sending of the invoice.
3.5. Should the seller provide advance payment, the contract is concluded with the provision of bank information and request for payment.
3.6. If payment is not received, despite the due-date, by the seller, even after a second notice until a date 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to supply. The order is then completed for the buyer and seller without further implications. Therefore a reservation of an article through payment in advance lasts for a maximum of 10 calendar days.
4. Prices and costs of shipping
4.1. All prices indicated on the seller’s website are inclusive of the effective legal value-added tax respectively.
4.2. In addition to the indicated prices the seller will charge shipping costs for delivery. The shipping costs will be communicated to the buyer clearly on the shipping page as well as during the ordering process.
5. Delivery, product availability
5.1 As far as delivery is agreed against advance payment, delivery is made after the receipt of the full purchase price.
5.2 Customers will be informed of delivery times and delivery restrictions (e.g. limiting supplies to certain countries) on a separate information page or within the product description.
6. Methods of payment
6.1. The customer can during and before the end of the ordering process choose from the available payment methods.
6.2. If the purchase on account is possible, payment must be made within 30 days of receipt of goods and invoice. For all other payment methods, payment in advance shall be made without deduction.
6.3. If third party providers are authorized to process payment, e.g. PayPal, their terms and conditions apply.
6.4. If the due date of payment is determined by the calendar, then the customer is already in default when missing the date. In this case, the customer has to pay interest for default at the rate of 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest does not rule out the assertion of other damages caused by delay by the seller.
6.6. A right to offset is only entitled to the customer if his counterclaims are legally determined or approved by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
Until full payment, the delivered goods remain in the property of the seller.
8. Defects liability and warranty
8.1. The warranty is determined by legal prescriptions.
8.2. A guarantee only exists for the goods supplied by the seller if it has been explicitly stated.
9.1. For a liability of the seller regarding compensation of damages, without prejudice to other statutory eligibility requirements, the following liability exclusions or limitations apply.
9.2. The seller is fully liable, if the damage is caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of substantial obligations, whose breach endangers the achievement of the purpose of the contract, or for the violation of duties, the fulfillment of which makes the proper execution of the contract feasible in the first place and on which the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable damage typical of the contract. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above-mentioned limitations of liability shall not apply to injury of life, body or health, for a defect after furnishing a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.5. As far as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and assistants.
10. Right of withdrawal
Start of revocation instructions for consumers
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (WatchBandit, Joergensen & Simon GbR, Associates: Mick Joergensen & Johannes Simon, Postfach 31 16 41, 10707 Berlin, Telefon: 0170/9665506, Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
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.
11. Exclusion from the right of withdrawal
The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
12.1. Customers are asked to report the return to the seller prior to return shipment (email@example.com) to announce the return. In this way, they enable the fastest possible assignment of the products by the seller.
12.2. Customers are requested to send the goods as a prepaid package back to the seller and to keep the mailing receipt. The postage costs of the returns are paid by the buyer. The seller will refund the cost of postage in advance by request of the customer, if the wrong items were delivered or the goods are broken on arrival.
12.3. Clients are asked to avoid damage or contamination of the product. Goods should be sent with all accessories back to the seller if possible in their original packaging. Is the buyer no longer in possession of the original packaging, another suitable packaging should be used to provide reasonable protection against shipping damage and to avoid any claims for damages because of damage due to faulty packaging.
12.4. In this section (No. 12) of the Terms and Conditions mentioned modalities are not prerequisite for the effective exercise of the right of withdrawal under No. 10 of these Terms and Conditions.
End of revocation instructions for consumers
13. Retention of wording of contract
14.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the agreement text before submitting the order to the seller, by using the print function of their browser in the last step of the order.
14.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided to him by the customer. Furthermore, the customer receives a copy of the Terms and Conditions with his order.
14. Data security
15.1. The seller is processing personal data of the customer earmarked and in accordance with the statutory provisions.
15.2. The for the purpose of ordering goods stated personal information (such as name, e-mail address, mailing address, bank data) are used by the seller for fulfillment and processing of the contract. These data will be kept confidential and not be disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
15.3. The customer has the right to obtain information free of charge about the personal data stored about him by the seller. In addition, he/she has the right to correct inaccurate data, block and delete his/her personal data, as long as there is no legal obligation to retain.
15. Jurisdiction, Applicable Law, Contract Language
16.1. Jurisdiction and place of performance is the place of business of the seller, if the buyer is a merchant, a legal entity under public law or public special fund.
16.2. The law of the Federal Republic of Germany applies. This does not apply if mandatory consumer protection rules would be conflicted with such an application.
16.3. Contract language is German.