General terms and conditions Sherpa Watches GmbH

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. Third-party terms and conditions of purchase shall only apply insofar as they correspond to these GTCs. In all other respects, the validity of deviating foreign general terms and conditions is objected to. These GTCs shall also apply to additions, change orders or future contract conclusions transmitted by telephone, fax, letter or e-mail after conclusion of the contract.  The contract language is exclusively German. The respective valid GTCs can be downloaded from the homepage https://sherpawatches.com/agb/ and printed out.

§ 1 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 pressing the “buy” button or otherwise submitting the order form and sending an email, you are making a binding offer to purchase.
  • If we receive your purchase offer online, we will send you an automatic confirmation of receipt of your purchase offer (confirmation of receipt). Your purchase offer is not yet accepted by the mere confirmation of receipt.
  • The purchase contract shall only be concluded when
    1. your offer to purchase has been expressly accepted;
    2. the purchased item has been shipped to you.

§ 2 Prices

  • For deliveries within the European Union (EU), the VAT of the country to which will be delivered will be charged.
  • For deliveries outside the EU, VAT is not applicable. For deliveries outside the EU, additional customs duties and fees apply. You can find out details about this from your regional customs authority.

§ 3 Terms 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.
  • [#payment in advance] 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.
  • [#credit card and EC card online, PayPal] In the case of payment by credit card and EC card online as well as PayPal, payment is made 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 to the payment by email or short message and can then make the payment on the service provider’s website.
  • [#credit card and EC card on iste] In the case of payment by credit card and EC card on site (exhibition stand, office), this will be handled by the external payment service provider PAYONE GmbH, Loyner Str. 9, 60528 Frankfurt.

§ 4 Default, damages

  • If you fail to pay the total purchase price payable by you on time, you will be in default of your consideration. For this reason, you are then obliged to pay interest on arrears at a rate of 5 percentage points above the base interest rate. We reserve the right to claim further damages.

§ 5 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.

§ 6 Terms of delivery

  • Unless otherwise agreed 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.

§ 7 Retention of title

  • We reserve the right to remain the owner of the purchased goods until all claims arising from our current business relationship have been settled in full. This excludes any pledging or transfer of ownership by way of security of the purchased goods which 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.
  • If the object of sale owned by us is combined or mixed, we shall acquire co-ownership of the newly created object in the ratio of the invoice amount of the object of sale previously remaining our property to the other combined or mixed objects.
  • 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.

§ 8 Liability

  • Unlimited liability on the part of the Seller shall only apply in the event of intent and gross negligence and in accordance with the provisions of the Product Liability Act. In the event of injury to life, body and health of persons, the Seller shall be liable without limitation even in the case of slight negligence.
  • In addition, the Seller, its legal representative or vicarious agents shall only be liable for slight negligence 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.

§ 9 Severability clause

  • 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.

§ 10 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.
  • We are not obliged to participate in an out-of-court dispute resolution.

§ 11 Final provisions

  • 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.