§1 Scope of contract
(1) Within the business contact between DAVID POULSEN WATCHES (hereinafter referred to as seller) and the customer / buyer, the following terms and conditions apply exclusively.
(2) Other terms and conditions shall not apply, even if we do not separately object to their validity in individual cases, unless their validity is expressly agreed in writing.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and in particular not prevented by SPAM filters.
(4) For these terms and conditions and the entire legal relations between the contracting parties, the law of the Federal Republic of Germany shall apply to the exclusion of international uniform law, in particular the UN Sales Convention.
§2 Conclusion of contract
(1) The presentation of products in the online shop is not a legally binding offer, but a non-binding online catalog. Only by clicking the button “Buy Now” you submit a binding order of the goods contained in the cart. The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending by an automated e-mail (“order confirmation”). With this e-mail the purchase contract has come about.
(2) Your order data including these terms and conditions will be stored by us after conclusion of contract for the execution of the contract. You can archive the order details by saving the web page displayed when you complete your order and / or by saving our confirmation e-mail to our online store. As long as our terms and conditions in this version are applicable for the conclusion of purchase contracts via our online shop, they are available for you via our Internet offer within the scope of its availability on the Internet address https://david-poulsen.com/ru/terms.
§3 Cancellation policy
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
The products must be unused, in the original packaging with the labels and protective stickers intact, and in the same condition as when the watch was received.
To exercise your right of withdrawal, you must (DAVID POULSEN WATCHES, Proprietor Victor Kopt, Burgstrasse 46, 20535 Hamburg, E-mail: firstname.lastname@example.org) by means of a clear statement (e.g., a letter sent by mail or E-Mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
(1) If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us.
(2) For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(3) You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
(If you want to cancel the contract, please fill out this form and send it back.)
DAVID POULSEN WATCHES
Inh. Victor Kopt
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– name of the consumer (s)
– address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
(1) Unless otherwise agreed, the delivery shall be made from the warehouse of DAVID POULSEN to the delivery address specified by the customer. On the website you will find information about the availability of products. We point out that all information on the availability, shipping or delivery of a product is merely an estimate and approximate guide values. They do not constitute binding or guaranteed delivery or delivery dates, unless this is expressly designated as the binding date for the shipping options of the respective product. If DAVID POULSEN is not in a position to deliver the ordered goods without own fault, because the supplier of DAVID POULSEN does not fulfill its contractual obligations, DAVID POULSEN is entitled to rescind the orderer. In this case, the purchaser will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected.
§4.2 Wrong delivery
(1) In the event of a wrongly arranged delivery or faulty goods, the costs of the return shipment will be borne by DAVID POULSEN WATCHES. In this case please tell us the order number and the reason for the return.
§5 Prices, shipping costs, return costs for revocation
4. PRICES, SHIPPING COSTS, REFUND COSTS FOR REVOCATION
Unless otherwise marked in the product description of the seller, the prices quoted are total prices, which include the statutory value-added tax.
David Poulsen offers a worldwide free standard delivery when buying a watch. On all orders, which include only bracelets / accessories and no watch (s), additional shipping costs will be charged depending on the country of delivery. Within Germany max 3,75 €, EU and Switzerland max 10,80 €. In all other countries of the world a maximum of € 22.55.
The customer is responsible for the return costs.
§6 Terms of payment
Payment can be made by Paypal or with Credit/Debit Card via Stripe. We reserve the right to exclude individual payment methods.
§7 Reservation of title
3. RETENTION OF TITLE
Delivered goods remain the property of sober until payment has been made in full.
The warranty is governed by statutory provisions. The warranty period for the purchase of used goods is one year.
§9.1 Liability for defects
(1) If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the purchaser is excluded.
(2) If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first within 14 days to DAVID POULSEN WATCHES at the expense of DAVID POULSEN WATCHES. The return of the defective goods must be made in accordance with the statutory provisions. The seller reserves the right to claim damages under the statutory conditions.
(3) The period of limitation is twenty-four months, calculated from delivery.
The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
In addition, DAVID POULSEN WATCHES is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance you regularly rely on. In this case, however, DAVID POULSEN WATCHES is liable only for the foreseeable, contract-typical damage. DAVID POULSEN WATCHES shall not be liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of DAVID POULSEN WATCHES is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§9.2 Online Dispute Resolution
The European Commission is providing an online dispute resolution platform (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer sacking agency.
§10 Article descriptions
Due to different hardware and software, the images of the products may show slight deviations from the original colors. Please note the written description.
§11 Applicable law
11. APPLICABLE RIGHT
Only German law applies. This choice of law applies to a consumer only insofar as no compulsory statutory provisions of the state in which he is domiciled or habitually reside are restricted.
§12 Severability clause
Should individual provisions of these general terms and conditions be wholly or partially not legally effective or lose their legal validity at a later date, this will not affect the validity of the general terms and conditions otherwise. The ineffective provision is replaced by the statutory provisions. The same applies if the general terms and conditions have an unforeseen gap.