§ 1 General information, scope of the GBC
1.1 All deliveries and services of DAVOSA Watches, Bohle GmbH, Loensstr. 7, 32602 Vlotho (hereinafter “DAVOSA”) are carried out solely on the basis of the following General Business Conditions in the version valid at the time the order is placed. Other business conditions are not applicable unless explicitly agreed in writing.
1.2 As understood in these business terms and conditions, “customer” can mean either consumer or entrepreneur. As understood in these business terms and conditions, “consumers” are natural persons who conclude contracts for a purpose that cannot be considered part of their trade or professional activity. As understood in these business terms and conditions, “entrepreneurs” are natural or juristic persons or judicable partnerships that, in concluding a contract with DAVOSA, are acting in a commercial or self-employed professional context.
§ 2 Contract conclusion, realization of the contract
2.1 You can order by telephone, by fax, or from our online shop. Your order is a binding offer to us to conclude the contract with you. We can accept this offer by sending you a confirmation of the order within 72 hours of receipt of your order. We will send the order confirmation by e-mail, fax, or post. The contract is concluded upon sending this order confirmation.
2.2. You can view the content of your “shopping cart” at any time without obligation by clicking the button [cart]. Your can remove products from the shopping cart by clicking the graphic [delete item] or change the ordered number of the article by clicking [change quantity]. If you want to buy the products in your shopping cart, click the button [Continue to next step] on the page “Cart”.
In the further course of the ordering procedure, you set up an optional customer account, submit your ordering data, and choose the desired form of shipment and payment. In the final step, under “Please check your order,” you will have an overview of your ordering data and can check all these data and change them under [modify]. Mistakes in data entry can be corrected by navigating backward in the browser or by interrupting the ordering process and starting again from the beginning.
To complete your purchase, you must accept the General Business Conditions and press the button [Buy now]. This sends us your order.
2.3 Ordering concludes the contract with:
P.O. Box 1127
Tel. +49 5733 8350
Fax +49 5733 80942
Corinna Bohle (personally liable)
Court of Registration:
Amtsgericht [District Court] Bad Oeynhausen
Turnover tax identification number in accordance with § 27a Turnover Tax Law:
§ 3 Storage of the contract text
We store your order and the ordering data provided. We will send you by e-mail an order confirmation with all the ordering data. You also have the opportunity to print out both the order and the General Business Conditions before sending your order to us. If you have set up a customer account with us, you will have access at all times to the orders you have placed.
§ 4 Return instructions
Right of Return
You can return the merchandise received within 14 days, without stating reasons, by sending it back to us. This time limit begins when you receive these instructions in written form (for example, as a letter or e-mail), but not before you receive the merchandise (in the case of repeat deliveries of identical objects, not before receipt of the first partial delivery) and not before the fulfillment of our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code (“EGBGB”) as well as our duties under § 312g (1) sentence 1 of the BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB. Only in the case of merchandise that cannot be shipped as a package (e.g. bulky merchandise) can you declare your return demand in written form. To meet the deadline, it suffices that the merchandise or return demand is sent within this period. In all cases, the return is made at expense and risk of the buyer. The return or return demand is to be sent to:
Fax: +49 5733 80942
Consequences of return
In the case of a legitimate return, any payments, goods, or services provided by either side are to be returned and compensation made for any benefits derived. In cases of deterioration/damage or use (advantage of use) that cannot be returned or only partially or in inferior quality, you must compensate us accordingly. Such compensation for deterioration and advantage of use is due only to the degree that the deterioration or use results from handling the merchandise to a degree beyond checking its characteristics and functions. “Checking its characteristics and functions” is to be understood as the testing and trying out of the respective merchandise as is possible and customary in a shop. Obligations to reimburse payments must be fulfilled within 30 days. The time period begins for you when you send the merchandise or return demand; for us it begins with receipt of the merchandise or return demand.
End of the Return Instructions
The right of return as defined in Section 312 d (4, no. 1) BGB is not valid for distance contracts for delivery of merchandise manufactured to customer specification or clearly to satisfy personal requirements (for example, engravings you order).
If you are an entrepreneur in the sense of § 14 of the BGB and at the time of conclusion of the contract are acting in the practice of your commercial or self-employed activity, there is no right of return.
§ 5 Prices
All prices exclude value-added tax, any customs duties, and all other price components and shipping costs.
§ 6 Terms of payment
6.1 Payment can be made by prepayment, credit card, COD, PayPal or sofort banking. If you choose prepayment, we will tell you our bank connection when we confirm your order and will deliver the merchandise after receiving payment. The invoiced amount is to be transferred to our account within 10 days. When paying by credit card, your account is debited when the order is made. When paying by PayPal or sofort banking, you will be guided directly from the ordering process to the payment pages of the online payment company, where you yourself carry out the transaction. COD payments are due upon receipt of the merchandise.
6.2 If you are a consumer, when the deadline for payment is exceeded, the sales price will be subject to a default interest rate of 5% above the base lending rate. If you are not a consumer, the default interest rate after exceeding the payment deadline is 8% above the base lending rate. We reserve the right to prove and require compensation for greater damages due to delayed payment.
§ 7 Delivery conditions
7.1 We deliver solely within Germany and to the following countries: Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, India, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Qatar, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom, United States.
7.2 Unless otherwise stated in the offer, the merchandise will be shipped within a week after receiving payment. Delivery time is 5-7 days.
§ 8 Warranty and liability
The warranty is made in accordance with the legal stipulations.
§ 9 Customer service
If you have questions, complaints, or claims, please contact us. We can be reached by telephone (+49 5733 8350) workdays from 9:00 to 16:00 or by e-mail at firstname.lastname@example.org.
§ 10 Applicable law and place of jurisdiction
10.1 German law applies, to the exclusion of the UN trade law. When in doubt in cases of dispute about the meaning and interpretation of the English version of these General Business Conditions, the German formulation shall be authoritative.
10.2 With customers who conclude the contract for a purpose that cannot be regarded as professional or commercial (consumers), this choice of legal system does not preempt the binding provisions of the law of the state in which the customer has his habitual residence.
10.3 For all disputes resulting from the contractual relationship, if the ordering party is a merchant, a juristic person under public law, or a special fund under public law, then the place of jurisdiction is Bad Oeynhausen.
§ 11 Miscellaneous
11.1 The contract languages are German and English.
11.2 Should one or more provisions of the General Business Conditions be invalid, this shall have no effect on the remainder of the contract. Where the provisions are invalid, the content of the contract is ruled by the statutory provisions.
As of January 2017