General terms and conditions Sherpa Watches GmbH
General, scope of application
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, firstname.lastname@example.org, 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.
Formation of the contract
- The products shown do not constitute a binding offer, but are merely an invitation to submit an offer by the buyer.
- By submitting the order form and sending an email, fax, letter or telephone, you are making a binding offer to purchase.
- If we receive your purchase offer, we can send you an order confirmation by email, fax or letter, with which the contract is then concluded. You can also request a binding offer from us. We can then send you such an offer by email, fax or letter. You can then accept this offer by email, fax or letter, with which the contract is then concluded.
Right of withdrawal for consumers
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.
Conditions of payment
- Payment can be made by #payment in advance, #invoice, #credit card, #EC card, or #Paypal.
- Sherpa Watches GmbH reserves the right to choose the method of payment. In particular, to safeguard against a possible risk of default, the right is reserved to demand only advance payment.
- [In the case of payment in advance, you will be informed of the bank details for the transfer of the purchase price in the order confirmation. The invoice amount must then be received in the target account within 10 bank working days from receipt of the order confirmation.
- [In case of payment by credit card and EC card online as well as paypal] In case of payment by credit card and EC card online as well as paypal, the execution is carried out via a “Paylink” of an external payment service provider ( PAYONE GmbH, Loyner Str. 9, 60528 Frankfurt // Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg). You will receive a link for payment by email or short message and can then make the payment on the service provider’s website.
- [In the case of payment by credit card and EC card on site (e.g. trade fair stand), this will be processed via the external payment service provider PAYONE GmbH, Loyner Str. 9, 60528 Frankfurt.
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.
Set-off and right of retention
- You are only entitled to a set-off if your counterclaim has been legally established or has been recognised by us, is not disputed or is in a close mutual relationship with our claim.
- You may only assert a right of retention if your counterclaim is based on the same contractual relationship.
- Subject to any agreement to the contrary between us, the purchased item will be delivered at your request to the address specified by you when placing the order.
- For entrepreneurs, we deliver “ex warehouse” or with Incoterm “EXW”. In this case, shipment is at the risk of the customer.
Reservation of ownership
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.
- If you place your order as a consumer, the warranty is provided in accordance with the statutory provisions.
- If you place your order with us as an entrepreneur, the following applies:
(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.
- If you place your order as a consumer, the statutory provisions apply to damages.
- If you place your order as an entrepreneur, the following applies: Unlimited liability on the part of the seller, its legal representatives or vicarious agents shall only apply in the event of intent, in accordance with the provisions of the Product Liability Act and in the event of damage arising from the injury to life, body and health of persons.
- Furthermore, in the event of negligence, the Seller, its legal representative or vicarious agents shall only be liable to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In the event of slight negligence, the Seller shall furthermore only be liable in the event of a breach of an essential contractual obligation (cardinal obligation). Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation). An essential contractual obligation of the seller is in particular, but not exclusively, the transfer of the object of purchase and the provision of ownership.
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.
Out-of-court dispute resolution
- The European Commission’s platform for out-of-court dispute resolution can be found at the link: https://ec.europa.eu/consumers/odr/.
- The universal arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de) is also responsible for consumer disputes.
- The Seller is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
- This contract shall be governed exclusively by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory regulations of the country in which the buyer usually has his permanent residence remain unaffected.
- Verbal collateral agreements do not exist. Amendments or supplements to this agreement must be made in text form (e.g. e-mail). This also applies to the amendment of this text form clause.