Conditions

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Granting of rights of use for digital content
  7. Retention of title
  8. Liability for defects (warranty)
  9. Liability
  10. Redemption of promotional vouchers
  11. Redemption of gift vouchers
  12. Applicable law
  13. Code of conduct
  14. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of David Drilling, trading under "WATCHDAVID - David Drilling" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these terms and conditions apply accordingly, unless otherwise regulated. In addition to delivering the goods, the seller is obliged to provide digital content or digital services (hereinafter "digital products") that are included in or connected to the goods in such a way that the goods cannot fulfil their functions without them.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.4 These General Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and provided in digital form.

1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity.

1.6 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares that he accepts the customer's offer at the time at which the customer clicks the button which completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon“), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments“ as part of the online ordering process as a payment method, he also issues a payment order to Amazon by clicking the button that completes the order process. In this case, the seller declares that he accepts the customer's offer at the time when the customer initiates the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.

2.7 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 Different languages ​​are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless the seller's product description states otherwise, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the "PayPal" payment service is selected, payment is processed via PayPal, whereby PayPalcan also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal where he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments or credit notes.

4.5 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information on the payment method "SOFORT" can be accessed by the customer on the Internet at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" are available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If you select a payment method offered via the "mollie" payment service, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information about "mollie" is available on the Internet at https://www.mollie.com/de/.

4.8 If you select the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the customer's specified credit card account. The credit card is charged immediately after the customer's order has been sent in the online shop. Even if the payment method selected is credit card payment via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, cancellation notices and returns or credit notes.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, theThe delivery address specified by the seller during order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

  • by download
  • by email

5.7 Digital content is provided to the customer as follows:

  • by direct access via the entrepreneur's website
  • by download
  • by E-mail

6) Granting of rights of use for digital content

6.1 Unless the description of the content in the seller's online shop states otherwise, the seller grants the customer the non-exclusive, spatially and temporally unlimited right to use the content provided exclusively for private purposes.

6.2 It is not permitted to pass on the content to third parties or to create copies for third parties outside the scope of these terms and conditions, unless the seller has consented to a transfer of the has agreed to the license to the third party that is the subject of the contract.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights only takes effect when the customer has paid the full amount owed. The seller can also provisionally permit the use of the content that is the subject of the contract before this point in time. A transfer of rights does not take place through such a provisional permission.

7) Retention of title

If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, the rights and claims due to defects are excluded;
  • the limitation period does not begin again ifn the liability for defects, a replacement delivery is made.

8.2 If the customer acts as a consumer, the following clause applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contract declaration.

8.3 The liability limitations and deadline shortenings regulated above apply not

  • for claims for damages and reimbursement of expenses by the customer,
  • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory Recourse claims remain unaffected.

8.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to inspect and complain in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

8.6 If the customer acts as a consumer, he is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

9) Liability

The seller is liable to the customer for all contractual, contractually similar and legal, including tortious claims for damages and reimbursement of expenses as follows:

9.1 The seller is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • due to a guarantee promise, insofar as unless otherwise regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

9.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance the customer can regularly rely.

9.3 Otherwise, the seller's liability is excluded.

9.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.

10) Redemption of Promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

10.7 The balance of a promotional voucher isneither paid out in cash nor interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his legal right of withdrawal.

10.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

11.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining balance will be credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

11.7 The balance of a gift voucher will not be paid out in cash or interest.

11.8 The gift voucher is only intended for use by the person named on it. Transferring the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

12) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13) Code of Conduct

- The seller has agreed to the conditions of participation for the eCommerce initiative "Fairness in Trade". which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. is.

14.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.