Terms and Conditions

LK Watches GmbH - Terms and Conditions

Email: luca@lkwatches.de

Phone: 01719400454

Hereinafter referred to as: Provider.

1. Scope

These Terms and Conditions apply, once incorporated, to all contracts for the purchase of goods, services or other items (hereinafter referred to as "goods") in the online shop at the above URL, in the version valid at the time the contract is concluded. These Terms and Conditions apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The goods are ordered using the Provider's online order form. After selecting the desired goods, entering all required mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form, for example by email (order confirmation), and this order confirmation is received by the customer, or when the Provider delivers the ordered goods and the goods are received by the customer, or when the Provider requests payment from the customer, for example by invoice or credit card payment in the ordering process, and the payment request is received by the customer. The relevant time for the conclusion of the contract is the time at which one of the alternatives set out in the preceding sentence first occurs.

2.3 Before bindingly submitting the order via the Provider's online order form, the customer can review and correct their entries at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The Provider will store the contract text after conclusion of the contract and transmit it to the customer in text form, for example by email. The Provider will not make the contract text available beyond this.

2.5 The following language is available for the conclusion of the contract: German.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded away from business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. Details can be found in the withdrawal policy, which is made available to every consumer no later than immediately before the contract is concluded.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT and are subject to any shipping costs listed. The customer will be informed about the available payment options in the Provider's online shop.

4.2 If "payment in advance" has been agreed, the purchase price is due immediately after conclusion of the contract.

4.3 If payment via "PayPal" has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery will be made within the delivery period stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of purchased goods by the customer is excluded.

6.3 If the Provider is unable to deliver the ordered goods because the Provider was not supplied through no fault of its own, despite having concluded a corresponding covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer without delay that performance is impossible. Any consideration already provided by the contractual partner will be refunded without delay. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

(1) The provisions of statutory liability for defects apply.

(2) The goods are free from material defects if they have the agreed quality at the time the risk passes (handover). The quality is determined by the respective item description and the corresponding product images. In the case of used goods, signs of use and wear form part of the agreed quality.

(3) A material defect exists in particular if the functionality of the watch movement is affected.

(4) Upon conclusion of the purchase contract, it is agreed that the limitation period for defect claims relating to used goods against consumers is reduced to one year.

This agreement does not apply to claims for damages, claims due to defects that we have fraudulently concealed, and claims arising from any guarantee that we may have assumed for the quality of the item. The statutory periods apply to these excluded claims. If a guarantee period exists, the longer period applies in favor of the beneficiary of the guarantee.

(5) Restriction of defect liability rights (warranty) vis-a-vis business customers: warranty claims for defects in the purchased item become time-barred one year after the transfer of risk.

(6) Excluded from liability for defects are accuracy of rate, water resistance, wear of the strap and ordinary signs of wear of the used item, for example scratches on the strap or case and stiffness of threads.

6.1 Liability for defects expires at the time the customer or a third party attempts to repair the item independently. Furthermore, the warranty is not transferable.

6.2 LK Watches GmbH is not liable for defects caused by improper handling of the purchased item by the buyer or third parties; this also applies to ordinary signs of wear.

Water resistance is not a permanent characteristic according to DIN 8310. It should be checked annually and before special stresses, as the built-in sealing elements lose effectiveness through use and daily wear. Factors such as strong temperature fluctuations, chlorine, soap or salt water have a negative effect on water resistance.

Please avoid a common mistake: never operate the crown or chronograph of a wristwatch under water, regardless of the stated level of water resistance.

(7) The above provisions do not apply to claims for damages, claims due to fraudulently concealed defects, claims arising from any guarantee, claims for recourse pursuant to Sections 445a and 478 of the German Civil Code (BGB), or claims due to defects in building materials and components that have been used for a building in accordance with their customary use and have caused its defectiveness.

The statutory limitation periods apply to these excluded claims. If a guarantee period exists, the longer period applies in favor of the buyer.

(8) If warranty rights are asserted, the customer must prove that the defect already existed when the risk passed and was not caused by wear or improper handling after the transfer of risk. If the customer is a consumer and a defect becomes apparent within one year of the transfer of risk, it is presumed that the item was already defective when the risk passed, unless this presumption is incompatible with the nature of the goods or the defective condition.

(9) If the delivered goods are defective, the customer has the statutory defect rights. In the case of used goods, no defect rights exist if the customer was informed of existing defects before ordering and accepted them. The limitation period for asserting defect rights is two years for new goods. For used goods, the limitation period is one year if the customer was informed of the shorter limitation period before ordering and agreed to it.

8. Liability

8.1 The Provider is liable without limitation for damage arising from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider; for damage caused by an intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider; on the basis of a guarantee promise, unless otherwise regulated in this respect; and on the basis of mandatory liability, for example under the German Product Liability Act.

8.2 If the Provider negligently breaches an essential contractual obligation, its liability is limited to the damage typical for the contract and foreseeable, unless liability is unlimited pursuant to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

8.3 Otherwise, liability of the Provider as well as liability of its vicarious agents and legal representatives is excluded.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the Provider's Privacy Policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of the country of their residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider's registered office has jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these Terms and Conditions.

10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

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

12. Right of Rescission in the Event of Late Payment

12.1 If the customer does not meet their payment obligations within the period referred to in Section 4.5 and under the conditions stated there, LK Watches GmbH is entitled to withdraw from the contract without setting a prior deadline. Any partial payments already made by the customer up to that point will be returned to the customer within a maximum of 21 days.

12.2 LK Watches GmbH's declaration of withdrawal will be made in writing by email to the customer's address stored with eBay.

13. Identification Requirement for Transactions of More Than EUR 10,000.00

13.1 In fulfilment of the due diligence obligations imposed on LK Watches GmbH under the German Money Laundering Act, cash payments and cash receipts of more than EUR 10,000.00 are made exclusively after prior identification of the customer in accordance with the following provisions.

13.2 If the customer is a natural person, identification is carried out by presentation of an officially valid photo identification document (identity card or passport).

13.3 If the customer is a legal entity, an extract from the commercial or cooperative register or a comparable official register will be inspected.

14. Our Duty to Inform Under the German Battery Act

As a consumer, you are legally obliged to return used batteries. Used batteries do not belong in household waste. You may return used batteries to us.

Batteries containing harmful substances are marked with a symbol consisting of a crossed-out waste bin and the chemical symbol (Cd, Hg or Pb) of the heavy metal that is decisive for classification as containing harmful substances:

• "Cd" means that the battery contains more than 0.002% cadmium by mass.
• "Hg" means that the battery contains more than 0.0005% mercury by mass.
• "Pb" means that the battery contains more than 0.004% lead by mass.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the heading of these Terms and Conditions.

Liability for Content

As a service provider, we are responsible for our own content on these pages under general law pursuant to Section 7 (1) of the German Telemedia Act (TMG). However, pursuant to Sections 8 to 10 TMG, as a service provider we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate unlawful activity.

Obligations to remove or block the use of information under general law remain unaffected. Liability in this respect is, however, only possible from the time of knowledge of a specific infringement. Upon becoming aware of corresponding infringements, we will remove this content without delay.

Liability for Links

Our offer contains links to external third-party websites over whose content we have no influence. We therefore cannot assume any liability for such third-party content. The respective provider or operator of the linked pages is always responsible for the content of those pages. The linked pages were checked for possible legal violations at the time they were linked. Unlawful content was not apparent at the time of linking.

Permanent monitoring of the content of the linked pages is not reasonable without specific indications of an infringement. Upon becoming aware of legal violations, we will remove such links without delay.

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. Duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are permitted only for private, non-commercial use.

Where content on this site was not created by the operator, third-party copyrights are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon becoming aware of infringements, we will remove such content without delay.

Source: https://www.e-recht24.de