GENERAL TERMS AND CONDITIONS (GTC)
Terms and Conditions
Contractual conditions within the framework of purchase contracts concluded via the platform
Dr. med. Alexander Kossmann
87538 Fischen im Allgäu
- hereinafter referred to as the "Provider" -
the customer specified in § 2 of this contract
- in the following "customer" -
§ 1 Scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the customer will not be accepted unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products, especially wristwatches, from the assortment of the supplier and contact the provider about the selected item by clicking on the button "Inquire about the watch". By clicking on the button "Inquire about the watch" he submits a request to purchase the goods. The inquire is no conclusion of a contract and is nonbinding. The conclusion of the contract will be done via mail. The customer has accepted these terms and conditions by concluding the contract and has thereby included them in his application.
(2) The contract shall be concluded in English or German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the date of our order confirmation, subject to prior payment of the purchase price. If for the respective commodity in our Web-Shop no or no deviating delivery time is indicated, it amounts to 14 days.
(2) If no copies of the product selected by the customer are available at the time the order is placed, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from a declaration of acceptance. In this case a contract is not concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier will inform the customer of this immediately in the order confirmation.
§ 4 Retention of title
Until complete payment the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(2) The dispatch of the commodity takes place by post office dispatch. The shipping risk is borne by the supplier if the customer is a consumer.
(3) The customer has to bear the direct costs of the return in the case of a revocation.
§ 6 Payment modalities
(1) The customer can make the payment by banktransfer, credit card, paypal or cash.
(2) The customer can change the payment method in consultation with the provider at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, then the customer is already in default by default of the date. In this case, he shall pay the Provider default interest for the year amounting to 5 percentage points above the respective base interest rate of the German Bundesbank.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). Since the supplier only deals with used items, especially wristwatches, the statutory limitation period for the claims described in § 437 BGB is limited to one year.
(2) An additional guarantee exists with the goods supplied by the Provider only if this was expressly delivered in the confirmation of order to the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the customer's claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 9 Cancellation Policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which the provider informs them in the following in accordance with the statutory model. The exceptions to the right of withdrawal are set out in paragraph (2). Paragraph (3) contains a model withdrawal form.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must notify us of your decision to withdraw from this Agreement by means of a clear statement (e.g. a letter or e-mail sent by post) to Wristclassics, Imbergweg 6, 87538 Fischen im Allgäu, email@example.com if applicable. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery from the standard, low-cost delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse repayment until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
(2) The right of revocation does not apply to contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(3) The provider shall provide the following information on the model revocation form in accordance with the statutory provisions:
Sample withdrawal form
Please send the following details:
- name, address and, where appropriate e-mail address of the entrepreneur by the entrepreneur
- Ordered on /received on
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the customer has his usual stay as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
last revised November 30, 2018