General Terms and Conditions
General terms and conditions
1. Scope of application
(1) The following General Terms and Conditions for End Users apply to the sale of products of Damasko GmbH, Unterheising 17c, 93092 Barbing (user) to its customers (customer).
(2) Customers in the sense of the General Terms and Conditions for End Users are natural persons, exclusively, who conclude the legal transaction in question for a purpose that can neither be attributed to their commercial nor to their self-employed professional activities (consumers in the sense of Sec. 13 BGB [German Civil Code].
(3) Orders and deliveries are only possible within the European Union.
2. Conclusion of the contract
(1) The user’s offer of goods and services only constitutes an invitation to make an offer (invitatio ad offerendum).
(2) The client’s order constitutes an offer to the user to conclude a sales contract.
(3) After the customer has placed his order, he receives an email confirming the user’s receipt of the order and containing the details (order confirmation). The order confirmation does not imply the acceptance of the customer’s offer but is only intended to inform the customer that the order has been received.
(4) A contract with the client is only entered with the declaration of acceptance by the user that is sent in a separate email (acknowledgement of the order), but on the shipment of the goods at the latest.
(5) If the ordered goods are not available at the time of the order, the user reserves itself the right to refuse the order of the goods so that there is no contract concluded. The customer is informed about that. Payments already made are repaid to the customer without delay.
(6) A sale is effected for household amounts only.
3. Revocation right and revocation instruction
(1) Revocation right
You have got the right to revoke this contract within fourteen days without providing reasons.
The revocation period is fourteen days, starting with the day on which you or a third party appointed by you that is not the carrier of the goods have (has) taken possession of the goods (or the last part of the goods, the partial delivery or piece, in the case of a contract concerning several goods of a common order or concerning the delivery of goods in several partial deliveries or pieces).
In order to exercise your revocation rights, you have got to inform us (Damasko GmbH, Unterheising 17c, 93092 Barbing, email: firstname.lastname@example.org, fax: +49 (0) 9401/80482) by means of an unequivocal declaration (e. g.
a letter sent by mail, telefax or email) about your decision to revoke this contract. You can use the enclosed specimen revocation form but this is not mandatory.
In order to meet the revocation deadline, it is sufficient if you post the notification that you are exercising your revocation rights before the expiry of the revocation deadline.
Consequences of the revocation
If you revoke this contract, we are obliged to reimburse you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from a different type of delivery type that you chose instead of the most cost-efficient standard delivery offered by us), without delay and within 14 days at the latest starting on the day when we received the notification concerning your revocation.
We use the same means of payment for this reimbursement that you used for the original transaction except in the cases where there was explicitly a different arrangement concluded with you. We will not under any circumstances charge you for this reimbursement.
We collect the goods.
We bear the costs for the returning of the goods.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not required for assessing their condition, characteristics and functionality.
(2) Exclusion of the revocation right
The revocation right does not apply to orders concerning the shipment of goods that were made following the customer’s specifications or clearly tailored to the personal needs of the customer.
All prices of the user are in Euro and include the applicable statutory value added tax.
5. Packaging and shipment
In addition to the purchase price, the customer has to bear the costs for the packaging and the shipment of the goods. The costs incurred are shown separately in the ordering process.
6. Import fees
(1) Goods of the user to be delivered outside of the EU may be subject to import duties and taxes that are levied as soon as the shipment arrives at its destination. This also applies to areas of EU member states with special arrangements. The customer has to pay all additional fees for customs clearance.
(2) Tariff regulations differ very significantly from country to country, which means that the customer should contact the local customs authorities for further information. Furthermore, the customer has to bear in mind that he is considered the importer when he places orders with the user and has to comply with all laws and regulations of the country in which he takes possession of the delivery. Cross-border shipments are subject to being opened and examined by the customs authorities.
7. Terms of payment
(1) The customer can choose between the methods of payment displayed at the completion of the ordering process. If the goods are delivered to a destination outside of the territory the Federal Republic of Germany, the only method of payment available to the customer is advance payment.
(2) Payments effected by advance payment are to be transferred to the account of the user. The shipment of the goods is effected immediately after the receipt of payment on the account of the user.
8. Terms of Delivery
(1) The ordered goods shall be dispatched to the delivery address specified by the Customer, unless otherwise determined. The shipper shall be entitled to partial deliveries, inasmuch as this is acceptable for the Customer.
(2) The beginning of any specified term of delivery shall be subject to clarification of all technical details.
(3) Compliance with the obligation to deliver shall furthermore be subject to due and punctual fulfilment of the Customer’s obligations. The plea of equitable lien shall be reserved.
(4) If the Customer is in default of acceptance or has otherwise violated contractual obligations culpably, the User shall be entitled to claim compensation for any damages thus incurred to him, including any additional expenses. The User shall be entitled to demand a sum in the amount of EUR 1.00 plus statutory sales tax per watch and calendar day for storage and safekeeping of the goods; the Customer shall bear the burden of proof that less or no costs whatsoever incurred for this purpose. Any claims or rights in excess thereof shall remain reserved.
(5) If the conditions of paragraph (4) are met, the risk of accidental loss or accidental deterioration of the goods shall transfer to the Customer as of the time when he defaults acceptance or payment.
(1) The liability for material defects complies with the legal provisions.
(2) In cases where a notification of defects is justified, the user reimburses the customer the costs for the most cost-efficient shipping route; this does not apply if the costs increase because the purchase item was transported into a country different from the country of delivery. In cases where a notification of defects is not justified, the user is entitled to claim the reimbursement of the investigation costs if the customer has realized or has not realized due to negligence that there are no defects in the purchased item. For cases like this, a lump sum payment of € 50.00 is agreed upon as compensation. The compensation is supposed to be estimated higher or lower if DAMASKO gives evidence of a higher or the customer gives evidence of a lower damage.
(3) Operating errors (e. g. the setting of the watch during the process of setting the date, daily winding up of the watch, setting of the watch counterclockwise), improper handling (e.g. breaking of glass, tearing out or breaking off of the crown, impacts, drops, falls, sporting activities) as well as normal signs of wear due to age or usage are not covered by the materials defect liability.
(4) The following circumstances are no material defect as a matter of routine:
The luminescence of the coating with special paint / Super-LumiNova is the consequence of a physical effect. There are irregularities in the luminous power and the occupancy possible.
The coating of the black models can, in individual cases, cause some erratic light reflections. All DAMASKO models with plain sapphire glass are equipped with a very resistant bilateral antireflection coating. The outward coating can, however, wear out because of extreme strain, improper handling and everyday usage.
With leather straps, abrasion and wearout depend on the ambient conditions in connection with the wearer because leather is a natural material und subjected to an ageing process.
The DAMASKO manufactory steel bracelet is made from ice-hardened stainless steel and is very resistant. When the bracelet is worn, some shiny spots between the individual links can develop. They are a consequence of the mutual contact between the elements of hardened stainless steel.
Some DAMASKO models consist of a hand-sanded casing. This can lead to dimensional deviations or width fluctuations on the lugs.
(1) The user’s liability for a violation of irrelevant duties due to a slight degree of negligence is excluded.
(2) The user’s liability for a violation of substantial duties due to a slight degree of negligence is limited to the foreseeable damages typical for the contract.
(3) The user’s liability for non-foreseeable indirect or consequential damages is excluded.
(4) The exclusion and the limitation of the liability also apply to violations of duty by legal representatives or performing agents of the user.
(5) The aforementioned exclusion and limitation of the user’s liability do not apply for damages resulting from injuries to life, body and health of the contractual partner as well as in cases of gross negligence on the user’s part, its legal representative and its performing agents as well as for claims resulting from product liability.
11. Technical characteristics
Please note our information concerning this matter in the watch passport.
This passport accompanies the watch or can, if required, be downloaded from our home page.
12. Reservation of ownership
(1) The user reserves itself the ownership of all goods sold or delivered by it until the customer has fully paid the purchase price.
(2) The customer is obliged to inform the user in writing and without delay, stating all information required for this purpose, about cases of a violation of the reservation of ownership by a third party.
13. Online disputes
The EU commission provides an online platform to settle disputes online (the so-called ODR website).
The ODR website gives consumers the chance to solve disputes concerning their online order without the immediate involvement of a court. The ODR website can be reached under the following link: http://ec.europa.eu/consumers/odr. At the present time, the user is not participating in such a procedure.
14. Applicable law
The contract with the customer and these General Terms and Conditions for End Users are subject to the laws of the Federal Republic of Germany with the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
Effective: March 2017