Terms and conditions
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
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 Consumer right of withdrawel
The following right of withdrawal only exists for consumers:
Right of withdrawal instruction
Right of withdrawal
You have the right to withdraw from this contract within 14 days without stating any reason. The withdrawal period is 14 days from the day on which you, or a third party named by you, who is not the carrier, has or have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (DAVOSA Watches, Bohle GmbH, P.O. Box 1127, 32585 Vlotho, Germany, tel. +49 5733 8350, email: email@example.com) in a clear statement (e.g. a letter sent via post, telefax or email) of your decision to withdraw from this contract. You may, if you wish, use the accompanying template withdrawal form, however you are not obliged to do so.
To comply with the withdrawal period, it is sufficient that you send your communication that you are exercising your right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse to you all payments we have received from you, including delivery costs (with the exception of additional costs that have arisen from you selecting an alternative delivery option from the economical delivery option we offer as standard), immediately and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For reimbursement, we will use the same means of payment that you used for the original transaction, unless another arrangement was expressly agreed upon with you; on no account will you be charged for this reimbursement. We can refuse reimbursement until we have received the goods or until you have provided proof that you have returned the goods, depending on which occurs first.
You are obliged to return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is considered met if you send the goods before the period of fourteen days has expired. We carry the costs of returning the goods.
You are only liable for any diminished value of the goods if this results from the handling other than what is necessary to ascertain the nature, properties and functioning of the goods.
The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and that require an individual selection or determination by the consumer for their production or are clearly tailored to the personal needs of the consumer (e.g. in the case of specially commissioned engravings).
5 Template withdrawel form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
Tel: +49 5733 8350
I/We (*) hereby withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods (*)/the supply of the following service (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only required for paper communications)
(*) Delete as applicable
All prices exclude value-added tax, any customs duties, and all other price components and shipping costs.
7 Terms of payment
7.1 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.
7.2 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.
8 Delivery conditions
8.1 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.
8.2 Unless otherwise stated in the offer, the merchandise will be shipped within a week after receiving payment. Delivery time is 5-7 days.
9 Warranty and liability
The warranty is made in accordance with the legal stipulations.
10 Customer service
If you have questions, complaints, or claims, please contact us. We can be reached by telephone (+49 5733 8350) workdays from 8:00 to 16:30 or by e-mail at firstname.lastname@example.org.
11 Applicable law and place of jurisdiction
11.1 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.
11.2 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.
11.3 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.
12.1 The contract languages are German and English.
12.2 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.