General Terms and Conditions of Business
§1 Scope, subject matter and conclusion of the respective contract
1. The following conditions conclusively regulate the contractual relationship between Bolido Watch GmbH, Stettbachstrasse 6, CH-8600 Dübendorf, Switzerland, hereinafter “the seller” and the respective customer
2. These General Terms and Conditions of Business shall exclusively apply. Any conditions of the customer which conflict with or deviate from these Terms and Conditions of Business shall not be recognised, unless the seller has expressly consented to these in individual cases.
3. They shall apply both with respect to consumers and companies. A consumer within the meaning of these General Terms and Conditions of Business is any natural person who places an order for purposes which are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these General Terms and Conditions of Business is a natural or legal person or a partnership with legal personality who or which, when placing an order, acts in exercise of his or its trade, business or profession.
4. The subject matter of the respective contract is the sale of goods by the seller to the customer.
5. The customer may place an order for goods via the seller’s website. After sending the order, the customer shall receive a confirmation of order, in which his details and order are set out again. This confirmation of order still does not constitute acceptance regarding the conclusion of a contract. If the seller accepts the offer, the buyer shall receive a declaration of acceptance of the contract or a shipping confirmation within two days from the latter. If the customer does not receive such a declaration within the time stipulated, he shall no longer be bound by his order.
6. The text of the contract and the General Terms and Conditions of Business shall be emailed to the customer following the order. In addition, customers who have created a customer account may call up their respective orders via their customer account at any time following the conclusion of the contract.
7. The contract shall be concluded exclusively in the German language. German law is applicable, if the customer is a merchant.
8. All prices are quoted in Euros and are gross prices.
§2 Processing of the sales contract
1. The purchase price shall be immediately due for payment on conclusion of the sales contract. The customer has an opportunity to choose between different payment methods. The seller reserves the right to exclude certain methods of payment in the case of deliveries abroad, initial orders or for other reasons.
2. The seller is entitled to cancel the contract, if he does not receive the subject of the agreement despite the previous conclusion of a corresponding purchase agreement on his part; this shall not affect the seller’s responsibility for intent or negligence. The seller shall, in this case, inform the buyer immediately of the non-availability of the goods and immediately refund any payment already made to him. In this case, the seller reserves the right to offer goods of an equivalent price and quality, with the objective of concluding a new contract regarding the sale of goods of the same price and quality.
§3 Warranty and liability
1. The seller shall, in principle, be liable for defects in the goods in pursuance of the statutory provisions of the sale of goods law (Sections 434 et seq. of the Bürgerliches Gesetzbuch [German Civil Code] (BGB)) and – if the customer is a consumer – the sale of consumer goods law (Sections 474 et seq. BGB), unless otherwise stipulated in these General Terms and Conditions of Business.
2. If the customer is an entrepreneur, the warranty period for the rights conferred by Section 437 (1) and (3) BGB for new articles, notwithstanding Section 438 (1) (3) BGB, shall be one year from the statutory start of the limitation period. The statutory warranty period of two years shall apply for consumers in the case covered by Section 438 (1) (3) BGB.
3. If the customer is an entrepreneur, a warranty is excluded for used items. For consumers, the warranty period for used items for the rights conferred by Section 437 (1) and (3) BGB, notwithstanding Section 438 (1) (3) BGB, is reduced to one year from the statutory start of the limitation period.
4. The seller shall not, in principle, be liable for damages caused by negligence.
5. The limitations of liability in accordance with the preceding Subsections 2, 3 and 4 shall not apply to losses arising from injury to life, body or health, in the event of fraudulent concealment of defects, claims arising from the Produkthaftungsgesetz [Product Liability Act], in the case of intent and gross negligence and in the event of a breach of those duties which must be fulfilled in order to allow the proper performance of the contract and on the observance of which the customer may regularly rely.
§4 Retention of title, passing of the risk
1. The title to the delivered goods shall be retained by the seller until payment has been made in full.
2. If the customer is an entrepreneur, the risk for mail order sales shall pass to the entrepreneur as soon as the goods are handed over to the shipping company. In the case of consumers, the risk shall not pass until the goods are delivered to the customer.
§5 Default and default costs
1. Customers who are not consumers shall be in default, if they have not paid within 30 days of the due date.
2. Consumers shall likewise be in default within 30 days of the due date, if they are advised of this consequence in the invoice or request for payment.
3. The seller is entitled to charge the customer flat-rate reminder fees amounting to €2.50 for each reminder. The customer is permitted to prove that no losses or only lower losses have been incurred. The right to assert additional reminder fees is expressly reserved.
§6 Concluding provisions
1. German law applies exclusively to these General Terms and Conditions of Business and to the contract concluded in each case, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if the customer is not a consumer.
2. In the event of one or more clauses of these Terms and Conditions of Business being wholly or partially invalid, this shall not affect the validity of the remaining provisions.
Effective from: 01.09.2017