Terms & Conditions
- Offer, acceptance and conclusion of contract
- Right of withdrawal
- Prices and payment conditions
- Shipping and conditions
- Reservation of property rights
- Liability for defects/ warranty
- Applicable law
- Competent court
- Alternative dispute resolution
- Right of withdrawal from Frederik Schlüter in the event of delayed payment by the customer according to section 4.5
- Identification Obligation: money laundering act
- Obligation to inform according to the German Battery Act (BattG)
- These general terms and conditions (below refered to as T&C) apply to all contracts or agreements between a consumer or a company (below refered to as customer or buyer) and Frederik Schlüter (below refered to as “seller”) concerning all products and services offered on www.timedriven.de. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
- Consumer is every natural person that enters a contract or agreement with Frederik Schlüter neither in exercise nor interest of his or its trade, business or profession. An entrepreneur is every natural or legal person or a partnership with legal capacity that enters a contract or an agreement with Frederik Schlüter in exercise or interest of his or its trade, business or profession.
- Only terms and conditions that hold are those of this website and as hereon stated to the time of the agreement. Frederik Schlueter does not recognize any terms and conditions of the customer that deviate in whole or in part from these terms and conditions.
- Offer, Acceptance and Conclusion of Contract
- Every offer made by Frederik Schlüter is non-binding and is to be understood as an invitation to the consumer to provide a counter-offer to Frederik Schlüter.
- When an order is placed, an offer is sent to Frederik Schlüter to conclude a purchase agreement. Acceptance is subject to the availability of the goods. Only after a formal acceptance of said offer from Frederik Schlüter, there is an agreement between seller and consumer.
- The acceptance of an order is sent via e-mail with the purchase details as well as invoice. This written order confirmation represents the acceptance of the order placed by the customer.
- Frederik Schlüter reserves the right to cancel or reject an order without being liable for any damages or costs among other things and under following
- The ordered product is out of stock.
- The order placed is suspected to be fraudulent.
- There are errors in the product description, price or images.
- A delivery to the consumer is not possible due to shipping limitations.
- The customer does not pay the purchase price within the time frame indicated in 4.5.
- Right of Withdrawal
- If the customer is a consumer, he has a right of withdrawal.
- Further information on the right of withdrawal can be found in the seller’s right of withdrawal.
- You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
- The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and/or delivery address are outside the European Union at the time the contract.
- For consumers who have their habitual residence in a country that does not belong to the European Union (EU) or the European Economic Area (EEA), German law applies excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and German consumer protection law.
- Price and Payment Conditions
- All prices on www.timedriven.de are in euros and include VAT. Note that products may be differential taxated. If the product is differential taxated the VAT is non deductible. The amount corresponding to VAT is indicated in the invoice unless the product is differential taxated as stated in §25a UStG (German Tax Law). Shipping and payment costs can be found in every product description.
- All payment options are listed in the product description. Payment fees, shipping costs and/or import sales taxes are to be paid by the customer.
- Frederik Schlüter will only commission the dispatch of the ordered goods after receipt of the full purchase price and payment of any shipping costs incurred by the customer.
- In the order confirmation e-mail, the customer obtains the final price including VAT and/or shipping costs. The total price is due for the customer upon receipt of the order confirmation by e-mail.
- The customer is obligated to pay the whole price within three days of receiving the order confirmation e-mail. The receipt of payment on the account of Frederik Schlüter (IBAN: DE54 2005 0550 1502 4094 59 BIC: HASPDEHHXXX) is decisive for keeping the deadline. In case the consumer does not pay within five days of receiving the order confirmation e-mail, the customer is automatically in default of payment. Frederik Schlüter will immediately cancel the order and with this, the agreement between buyer and seller becomes invalid. In this case, no explanation or warning from Frederik Schlüter is necessary.
- Shipping and conditions
- The product is sent to the address provided by the customer. In case a mistake has been made and the shipping address needs to be changed, the customer should contact the seller as soon as possible. If the customer pays via PayPal goods and services, the shipping address on PayPal is decisive.
- If the carrier is unable to deliver a product to a customer and it is sent back to the seller, the customer must pay any further shipping costs. This does not hold in case of a severe impediment (e.g. hospital stay).
- If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold 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 also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment. 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 forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
- Every item can be personally picked up at the product location. The product location can be found under “Specifications” in the product description.
- Every item is shipped as soon as possible. Usually within 1-3 business days after receipt of payment.
- In case of transport damage, the customer must contact the seller immediately. Any claims for transport damages that have not been communicated to the seller within 1-2 days of receipt are not valid. The packaging and the item have to be keept in the same condition.
- If the customer is an entrepreneur, the risks associated with the transport lies with the buyer.
- Reservation of property rights
- For customers: The seller maintains the property rights of every product until the receipt of payment.
- For entrepreneurs: The seller maintains the property rights of every product until the buyer has fullfilled every requierement of the business relationship.
- For consumers:
- If the purchased item is defective, the legal regulations regarding the liability for defects apply.
- The warranty period of used items is one year starting on the day the item is delivered with exception of the two following
- Customer claims for damages and reimbursement of expenses.
- Fraudulent concealment of a defect by the seller.
- An item will be excluded from warranty in the following
- The item has not been properly used.
- The customer has not informed the seller about transport damages within the time frame stated in 5.6.
- The customer tries to repair the watch either by himself or third party without informing the seller.
- Excluded from the warranty are waterproofness, usual signs of wear (e.g. scratches on the bracelet/case and wear of threads) and watch precision.
- Frederik Schlueter is not liable for defects caused by improper handling of the object of purchase by the buyer or third parties, this also applies to normal signs of wear and tear.
- In case of a substitute delivery, the warranty time frame remains unchanged.
- If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
- In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods
- Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
- For entrepreneurs:
- If the purchased item is defective, the seller decides about the subsequent procedure.
- Any claim concerning the function of a used item is in principle not valid.
- The assertion of warranty claims is excluded in the event of a breach of the obligation to examine and give notice of defects.
- For consumers:
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows
- The seller is only unlimited liable under following conditions:
- Damage caused by intent or recklessness of Frederik Schlüter.
- Warranty compromise unless arranged otherwise.
- Obligatory Liability as stated in the Product Liability Law.
- If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. 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 is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
- Apart from that, liability on the part of the seller is excluded. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
- The seller is only unlimited liable under following conditions:
- Applicable Law
- These T&C are applicable in accordance with the German Law excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- The regulations of the International Sale of Goods (CISG) expressly do not apply.
- Competent Court
- If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
- Alternative Dispute Resolution
- For customers: The EU commission provides an online platform to solve disputes. https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
- The seller is not obligated to participate in the dispute resolution procedure.
- Right of withdrawl from Frederik Schlüter in the event of delayed payment by the customer according to section
- If the customer does not meet his payment obligations in accordance with the period specified under Section 4.5 under the conditions specified there, Frederik Schlueter is entitled to withdraw from the contract without prior notice. Any partial payments made by the customer by then will be returned to the customer within a maximum of 21 days.
- The declaration of withdrawal is made in writing by e-mail.
- Identification Obligation: Money Laundering Act
- For cash transactions over 10.000 euros there is an identification obligation according to the Money Laundering Act.
- For consumers: To verify the identity of the customer an internationally accepted valid identity document is needed (e.g. passport).
- For entrepreneurs: To verify the identity of an entrepreneur an excerpt from the commercial or cooperatives register.
- Obligation to Inform according to the German Battery Act (BattG)
- Discharged batteries are special waste and should not be disposed of in the domestic waste. Every customer can send us old batteries and we will
correctly dispose of them. Pollutant batteries containing toxic
substances are marked with the sign:
“Cd” Battery contains more than 0.002% cadmium
“Hg” Battery contains more than 0,0005% mercury
“Pb” Battery contains more than 0.004% lead
- Discharged batteries are special waste and should not be disposed of in the domestic waste. Every customer can send us old batteries and we will correctly dispose of them. Pollutant batteries containing toxic substances are marked with the sign:
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