The following General Terms and Conditions (GTC) are an integral part of all contracts concluded between the Seller (Sherpa Watches GmbH, Bommershöfer Weg 41, 40670 Meerbusch, info@sherpawatches.com, Tel. 02159-8152230) and the Buyer (may be both a consumer as defined by §13 BGB and an entrepreneur as defined by §14 BGB). If the Buyer is an entrepreneur, its terms and conditions of purchase shall only apply insofar as they correspond to these GTCs. In all other respects, the validity of deviating third-party GTCs is objected to. These GTCs shall also apply to entrepreneurs for additions, change orders or future contract conclusions transmitted by telephone, fax, letter or e-mail after conclusion of the contract, even if they are not expressly mentioned again. The respective valid GTCs can be downloaded from the homepage https://sherpawatches.com/gtc/ and printed out.
After conclusion of the contract, you are entitled to a right of withdrawal in accordance with the statutory provisions.
The following regulations apply to the right of withdrawal: Cancellation policy (sherpawatches.com)
The prices shown include the statutory value added tax and shipping or delivery costs within the European Union (EU).
For deliveries within the European Union (EU), the VAT of the country to which delivery is made will be charged. For deliveries outside the EU, VAT does not apply. For deliveries outside the EU, additional customs duties and fees apply. You can find out details about this from your regional customs authority.
If you do not pay the total purchase price payable by you on time, you will be in default of your consideration. For this reason, as a consumer you are then obliged to pay interest on arrears at a rate of 5 percentage points above the base interest rate and as an entrepreneur you are obliged to pay interest on arrears at a rate of 9 percentage points above the base interest rate. We reserve the right to claim further damages.
In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full.
If you place your order with us as an entrepreneur, the following applies: Until complete fulfilment of all claims arising from our current business relationship, we reserve the right to remain the owner of the purchased goods. This excludes any pledging or transfer of ownership by way of security of the purchased goods that are our property.
You are entitled to resell the purchased goods in the ordinary course of business. In this case, you already assign to us all claims which you obtain in return from the resale. We accept this assignment. At the same time, we authorise you to collect the claim. In the event that you do not fulfil your payment obligation towards us, we reserve the right to collect the receivables ourselves.
Upon request, we shall release the security to which we are entitled if the realisable value of our security exceeds the claim to be secured by more than 10%. The choice of the security to be released is solely at our discretion.
(2.1) The entrepreneur shall inspect the delivered goods without delay, insofar as this is feasible in the ordinary course of business, and notify defects without delay. If the entrepreneur fails to give notice, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed to have been approved also in view of this defect. §377 HGB remains unaffected. This clause shall also apply in the event of recourse by the entrepreneur in accordance with § 478 BGB.
(2.2) If the goods prove to be defective, the seller is entitled to determine the type of non-performance, taking into account the type of defect and the legitimate interests of the entrepreneur. Depending on the nature of the defect and the other circumstances, the seller is also entitled to remedy the defect several times by way of subsequent performance (with up to three attempts). This clause does not apply in the event of recourse by the entrepreneur in accordance with §478 BGB.
(2.3) The limitation period for claims for defects, including claims for damages, is one year, unless the law in §§ 438 para. 1 no. 2 and 634a para. 1 no. 2 1st alternative prescribes longer periods. BGB prescribes longer periods. This clause shall also not apply in the event of recourse by the entrepreneur pursuant to §478 BGB, for claims for damages due to injury to life, body or health or due to an intentional or grossly negligent breach of duty by the seller or by his vicarious agents.
Should individual provisions of this agreement be invalid or unenforceable in whole or in part, this shall not affect the validity of this agreement as a whole. The parties undertake to replace any invalid / unenforceable provision with a provision that comes as close as possible to what is legally and economically intended in a legally permissible manner. The same shall apply in the event of a loophole requiring supplementation.