TERMS & CONDITIONS
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) Thefollowing business terms are applicable to all the contracts, which youconclude with us as a supplier (DOXA Uhren AG) via the ch.doxawatches.comwebsite. Unless otherwise agreed upon, the inclusion, if necessary, of your ownconditions is ruled out.
(2) A‘consumer’ in the sense of the following regulations is every natural personwho concludes a legal transaction which, to an overwhelming extent, cannot beattributed to either his commercial or independent professional activities. Theterm ‘businessman’ refers to every natural person, legal person or legallyresponsible partnership that concludes a legal transaction in pursuance ofhis/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Thesubject-matter of the contract is the selling of products.
(2) As soonas you place the respective product on our website, we shall submit to you abinding offer to conclude a contract via the online shopping cart system underthe conditions specified in the item description.
(3) Thepurchase agreement takes place via the online shopping cart system as follows:
Theproducts intended for purchase are moved to the "shopping cart". Youcan select the shopping cart using the appropriate buttons on the navigationbar and make changes there at any time.
Afteraccessing the "Checkout" page and entering your personal data as wellas the payment and shipping conditions, you are finally shown the order dataagain as an order overview.
If you usean instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, instanttransfer) as your payment method, you will either be taken to the orderoverview page in our online shop or forwarded to the website of the provider ofthe instant payment system.
If you areforwarded to the relevant instant payment system, choose and/or enter your dataas appropriate. Finally, on the website of the provider of the instant paymentsystem or, after you have been directed back to our online shop, the order datawill be displayed as an order overview.
Beforesubmitting the order, you have the option once more to review or change (youmay also use the "Back" button on your web browser) any informationon the order summary page, or to cancel the purchase.
By clickingthe "purchase” button to submit the order, you declare acceptance of theorder in a legally binding way by which the purchase agreement takes place.
(4) You arenot bound by your enquiries regarding the creation of an offer that have beenconveyed to us. We supply you with a textual and binding offer (e.g. viae-mail), which you can accept within a period of 5 days.
(5) Theexecution of the order and the sending of all the details necessitated by theconclusion of the contract take place via e-mail, in a partially-automatedmanner. Consequently, you have to ensure that the e-mail address that you havedeposited with us is the correct one, and that the receipt of the respectivee-mails is guaranteed. In particular, you have to ensure that the respectivee-mails are not blocked by a SPAM filter.
§ 3 Rightof retention, reservation of proprietary rights
(1) You canonly exercise a right of retention if the situation in question involves claimsarising from the same contractual relationship.
(2) Thegoods remain our property until the purchase price is paid in full.
(1) Thestatutory warranty rights are applicable.
(2) As aconsumer, you are requested to promptly check the product for completeness,visible defects and transport damage as soon as it is delivered, and promptlydisclose your complaints to us and the shipping company in writing. Even if youdo not comply with this request, it shall have no effect on your legal warrantyclaims.
§ 5 Choiceof law, place of fulfilment, jurisdiction
(1) Germanlaw shall apply. This choice of law only applies to customers if it does notresult in the revocation of the protection guaranteed by the mandatoryprovisions of the law of the country in which the respective customer’s usualplace of residence is located (benefit-of-the doubt principle).
(2) If youare not a consumer, but a businessman, a legal entity under public law or aninstitutional fund governed by public law, our place of business is the placeof jurisdiction as well as the place of fulfilment for all services that followfrom the business relationships that exist with us.
The samecondition applies to situations in which you are not associated with a generalplace of jurisdiction in Germany or the EU, as well as situations in which theplace of residence or the usual place of residence is not known at the time ofcommencement of proceedings. This has no bearing on the capacity to call uponthe court associated with another place of jurisdiction.
(3) Theprovisions of the UN Convention on Contracts for the International Sale ofGoods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
DOXA Uhren AG
Rue de Zurich 23A
TheEuropean Commission provides a platform for the out-of-court resolution ofdisputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2.Information regarding the conclusion of the contract
The technicalsteps associated with the conclusion of the contract, the contract conclusionitself and the correction options are executed in accordance to the regulations"conclusion of the contract" in our standard business terms (partI.).
3.Contractual language, saving the text of the contract
3.1Contract language shall be English.
3.2 Thecomplete text of the contract is not saved with us. Before the order is sent,via the online - shopping cart system the contract data can be printed out orelectronically saved using the browser’s print function. After the order isreceived by us, the order data, the legallymandated details related to distanceselling contracts and the standard business terms are re-sent to you viae-mail.
3.3 Youwill be sent all contractual information within the framework of a bindingoffer in written form, via E-mail for example, for quotation requests outsideof the online shopping basket system, which can be printed out or savedelectronically in a secure manner.
4. Mainfeatures of the product or service
The keyfeatures of the goods and/or services can be found in the respective quote.
5. Pricesand payment arrangements
5.1 Theprices mentioned in the respective offers represent total prices, as do theshipping costs. They include all the price components, including all theincidental taxes.
5.2 Thedispatch costs that are incurred are not included in the purchase price. Theycan be viewed by clicking the appropriate button on our website or in therespective quote, are shown separately over the course of the order transactionand must additionally be borne by you, insofar as free delivery is notconfirmed.
5.3 Ifdelivery is made to countries outside of the European Union, we may incurunreasonable additional costs, such as duties, taxes or money transfer fees(transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 Youmust also bear the costs arising from money transfers in cases in which thedelivery is made to an EU Member State, but the payment is initiated outside ofthe European Union.
5.5 Thepayment methods that are available to you are shown by clicking the appropriatebutton on our website or are disclosed in the respective quote.
5.6 Unlessotherwise specified for the respective payment methods, the payment claimsarising from the contract that has been concluded become payable immediately.
6.1 Thedelivery conditions, delivery date and existing supply restrictions, ifapplicable, can be found by clicking the appropriate button on our website orin the respective quote.
6.2 If youare a consumer, the following is statutorily regulated: The risk of the solditem accidentally being destroyed or degraded during shipping only passes overto you when the item in question is delivered, regardless of whether or not theshipping operation is insured. This condition does not apply if you haveindependently commissioned a transport company that has not been specified byus or a person who has otherwise been appointed to execute the shippingoperation.
7.Statutory warranty right
Liabilityfor defects is governed by the “Warranty” provisions in our General Terms andConditions of Business (Part I).
These SBTsand customer details were created by the lawyers specialising in IT law whowork for the Händlerbund, and are constantly checked for legal conformity.Händlerbund Management AG guarantees the legal security of the texts andassumes liability in case warnings are issued. More detailed information can befound on the following website:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 30.04.2021