TERMS & CONDITIONS
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic regulations
(1) The following terms and conditions apply to all contracts that you have with us as a provider (WATCHPEOPLE GmbH) via the website watchpeople.com. Unless otherwise agreed, the involvement of any of your own terms and conditions which you may have used is rejected.
(2) Consumer in the sense of the following regulations is every individual person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any individual or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the listing of the respective product on our website, we submit a binding offer to you for the conclusion of a contract under the conditions stated in the article description
(3) A contract is concluded via the online shopping bag system as follows:
The goods intended for purchase are placed in the "shopping bag". By clicking on the corresponding button in the navigation you can access the "shopping bag" and change your order at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting the order you have the possibility to check all details again, to change them (also by using the "back" function of your internet browser) or to cancel the purchase.
By submitting the order via the button "Buy now" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded
(4) Your requests for an offer are nonbinding for you. For this purpose we will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The transaction of the order and transmission of all data required for the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have submitted to us is correct, that the receiving of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the necessary information, texts or files for the individual design of the products via the online ordering system or by e-mail. No later than immediately after conclusion of the contract. Any specifications we may have regarding file formats shall be considered.
(2) You agree not to transmit any data whose content violates third-party rights (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims of third parties asserted in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not verify the transmitted data in terms of content correctness and therefore do not assume any liability for errors."
§ 4 Special agreements regarding offered payment methods
(1) SEPA direct debit (basic and/or corporate direct debit)
If payment is made by SEPA basic direct debit or SEPA corporate direct debit, you authorize us to collect the invoice amount from the specified bank account by providing a SEPA mandate.
The direct debit will be charged within 10-15 days after conclusion of the contract.
The period for the transmission of the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account is sufficiently covered on the due date. In case of a return debit note due to your fault, you have to pay the bank charges resulting from this.
§ 5 Reservation of proprietary rights, right of retention
(1) You may only have a right of retention as far as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid completely.
(3) If you are an entrepreneur, the following applies in addition:
a) We keep the proprietary rights to the goods until all claims from the current business relationship have been settled completely. Before transfer of ownership of the goods, pledging or security transfer is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the amount of the invoice, which result from the resale, and we accept the assignment. You are further authorised to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the conditional goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the conditional goods to the other processed items at the time of processing."
d) We commit ourselves to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is up to us.
§ 6 Warranty
(1) The statutory warranty rights exist.
(2) As a customer, you are requested to check the item immediately after delivery for completeness, obvious defects and transport damage. If you have any complaints, please inform us and the carrier as soon as possible. If you do not follow this request, this has no effect on your legal warranty claims.
(3) If you are an entrepreneur, the following applies in deviation to the foregoing presented warranty regulations:"
a) The quality of the item shall only be defined by our own information and the manufacturer's product description as agreed, but not other advertising, public promotions and statements of the manufacturer.
b) In the event of defects we shall provide Warranty through repair or replacement. If the rectification of the defect is not successful, you can demand a price reduction or withdraw from the contract at your discretion. After a second unsuccessful attempt, the rectification of the defect shall be considered to have failed, unless something else results from the nature of the item or the defect or other circumstances in particular. In the case of rectification of defects, we do not have to pay the additional costs incurred by the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The shortening of this period shall not apply:"
"if culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or by gross negligence if we fraudulently conceal the defect or have assumed a guarantee for the quality of the item; for things which, according to their usual have been used for a building and have caused its defectiveness; in the event of statutory rights of recourse which you have against us in connection with defect rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall be valid. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is taken. The right to call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN sales law are expressly not applicable.
II. Information for customers
1. Identity of the company
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online dispute resolution, available at https://ec.europa.eu/odr. We are not willing to participate in dispute resolution procedures before consumer dispute resolution authorities.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations ""Conclusion of the contract"" of our General Terms and Conditions (Part I.).
3. Contract language, contractual text data saving
3.1 Contract language is German
3.2 The complete contract text is not saved by us. Before submitting the order via the online shopping basket system, the contract data can be printed or electronically saved using the print function of the browser. After receiving the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you by e-mail.
3.3 For requests beyond the online shopping basket system, you will receive all contract data in the context of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics relating to the goods or services. The essential characteristics of the goods and/or services are to be found in the respective offer.
5. Prices and terms of payment
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all taxes.
5.2 Shipping costs are not included in the price. The shipping costs are shown separately during the ordering process and are to be paid by you additionally, unless free shipping is promised.
5.3 If the delivery is made to countries not belonging to the European Union, further costs may be charged, for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which have to be paid by you. Any costs incurred for the transfer of money are also to be paid by you in cases where the delivery is made to an EU member state, but the payment was made outside the European Union.
5.4 The methods of payment which are available to you are shown on a correspondingly labelled button on our website or in the respective offer.
5.5 If not otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found by clicking on the corresponding button on our website or in the respective offer.
6.2 As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment. If you are an entrepreneur, the delivery and dispatch is at your risk.
7. Legal warranty for defects
Warranty for defects is governed by the ""Warranty"" regulation in our General Terms and Conditions (Part I).
8. Information about battery disposal
In connection with the sale of batteries or with the delivery of devices containing batteries, we are obliged to inform you of the following:"
"You are legally obliged to return used batteries as user. You can return old batteries that we carry or have carried as new batteries in our sortiment free of charge to us (WATCHPEOPLE GmbH, Porschestr. 1, 97230 Estenfeld)."
The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery is not allowed to be disposed in the household waste.
Pb = Battery contains more than 0.004 mass percent lead
Cd = battery contains more than 0,002 % cadmium by mass
Hg = battery contains more than 0,0005 % of quicksilver by mass.