Terms of use (European countries)

 

I. Access to the website

1. Conditions of access

1.1 Personal requirements: By using the website or our offers, you confirm that you are at least 18 years of age and, if you are using the website or the offers on behalf of a legal entity, that you have the appropriate authorization to do so.

1.2 Access. You are solely responsible for the functioning of the hardware and other technical equipment (computers, software, telecommunications equipment, etc.) required to access the website. You are also responsible for the telecommunication costs arising from the use of the hardware and other technical equipment.

 

II. Order and sale of PRODUCTS

The ordering and sale of the products shall be governed, in addition to the other parts of this Agreement, by the provisions of this Section II as amended at the time of ordering the products.

 

2. Products and prices

2.1 Presentation. The website describes the products as accurately as possible. The images shown on the website are for information purposes only, they may differ from the final product and are not contractually binding.

2.2 Availability. The products are available while stocks last. WD may impose quantitative ordering restrictions.

2.3 Prices. Unless otherwise stated, the prices displayed on the website at the time of the order are in Euro (EUR), including the applicable statutory value added tax. The prices shown on the website at the time of the order shall apply. We reserve the right to change the price of the products at any time.

2.4 Costs. The prices of the products do not include the delivery costs (which depend on the chosen delivery method) nor any foreign taxes, customs duties, insurance costs and other costs that may have to be paid additionally. They are indicated in the payment step of the order process.

 

3. Payment

3.1 Means of payment. The products may be paid for either by the usual means of payment indicated on the website (bank transfer, credit card) or by external financing, under the conditions set out in article 5.2 below.

3.2 Financing Request. For products between EUR 0,00 and EUR 50,000.00 you can apply for 0% financing from one of our financing partners. To do so, you must submit an offer of acceptance to this financing partner and conclude a contract with them. The financing agreements are subject exclusively to the terms and conditions of the financing partner you have selected. We are not a party to this agreement and disclaim all liability in connection with any loan or credit applied for from the financing partners. The receipt of financing is subject to conditions set by the selected financing partner (in particular with regard to residence, solvency and other factors). They must provide the necessary information and documents.

3.3 Invoice. Invoices will be sent or made available to you exclusively in electronic form as a PDF file by e-mail.

 

4. Order and purchase

4.1 Non-binding offer. The presentations of the individual products on our website do not represent a binding offer (verbindliches Angebot) to conclude a contract.

4.2 Ordering Process. In order to place an order, you must enter the information required during the ordering process and then click on the “Next” button. Finally, you have the opportunity to change and review your order information. To complete the order, you must accept these terms and conditions.

4.3 Conclusion of contract. If you complete the order process by clicking on the “Payable order” area, you are making a binding offer (verbindliches Angebot) to conclude a purchase contract with us. The receipt of the offer is confirmed by sending a confirmation of receipt (Eingangsbestätigung) by e-mail. This confirmation of receipt does not yet represent an acceptance of the offer. Notwithstanding the right to reject a buyer without giving reasons (see below immediately), WD shall declare the binding acceptance (verbindliche Annahme) of your offer within 5 days of receipt of the order by means of an express declaration. Sending the ordered goods or an invoice to you is equivalent to an express declaration of acceptance.

4.4 Rejection of your offer. If the delivery of the products ordered by you is not possible, for example because the products in question are not in stock, we will refrain from accepting them. In this case a contract is not concluded. We will inform you about this immediately and will refund already received considerations immediately.

4.5 Changes by WD. We may have to refuse, cancel or rescind an order for a reasonable reason after it has been confirmed. In this case, you will be informed of the delivery of a portion of your order or the cancellation of your order. If you have already paid for certain products, we will promptly refund the full amount of the products in question, as well as any invoiced delivery charges.

 

5. Financing

5.1 Details. In the event of payment by means of financing in accordance with article 3.2, when placing your order you must, in addition to the information provided in article 4.2, select the portion of the product price that you wish to pay directly and the portion of the financing requested for the balance of the product price; you must also indicate the number of monthly installments for the repayment of the financing. You must provide the information necessary for the assessment of the financing.

5.2 Examination by financing partners. After entering your data, the financing partner checks your creditworthiness on the basis of the data entered. The details of the necessary steps will be given to you in the documents of the financing partner. The financing partner makes the final decision on the financing on the basis of the information and documents provided by the customer.

5.3 Rejection. If the financing request is rejected by the financing partner, the customer can choose another means of payment. If the financing partner WD does not confirm customer's financing request, WD will not confirm the customer's order, so no contract with WD will be concluded.

 

6. Delivery and retention of title

6.1 Delivery. Products that are the subject of a confirmed order are delivered primarily by FedEx Express or another shipping service provider to the address indicated in the order. We reserve the right to contact you to provide you with additional information regarding your order and delivery. The delivery dates are to be considered as indicative only. If you order several products, we can make partial deliveries.

6.2 Transfer of risk (Gefahrübergang). If you are a consumer within the meaning of § 13 BGB, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, if we are only responsible for shipment, the risk shall pass to the customer upon delivery of the goods to the transport company.

6.3 Transport risk. The risks and costs associated with transportation are entirely at your expense and you acknowledge that WD shall not be liable for any loss, theft, delay or other damages in connection with the delivery of your order.

6.4 Retention of title (Eigentumsvorbehalt). The delivered goods shall remain the property of WD until full payment of the purchase price and settlement of all claims arising from the delivery contract.

6.5 Duty of inspection for entrepreneurs. As an entrepreneur in the sense of § 14 BGB you are obliged to inspect the products immediately after receipt with due care. The prerequisite for any warranty rights of entrepreneurs is that you properly fulfill all inspection and complaint obligations owed according to § 377 HGB (German Commercial Code).

 

7.  Instructions on withdrawal (Widerrufsbelehrung)

 

7.1 Consumers have a legal right of withdrawal when concluding a distance selling transaction, about which we inform you in accordance with the legal sample below. In article  7.4 you will find a sample revocation form. You are not entitled to a complete right of withdrawal if you have used the goods inappropriately or damaged them intentionally. If you are an entrepreneur within the meaning of § 14 BGB, you have no right of revocation.

7.2 Right of withdrawal for consumers. You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us Watchdreamer Germany GmbH, Selkamp 14, 44287 Dortmund of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

7.3 Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

7.4 Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

- To

Watchdreamer Germany GmbH,

Selkamp 14,

44287 Dortmund

E-mail: info-de@watchdreamer.com

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date

____

(*) Delete as appropriate.

 

8.0 Warranty rights

8.1 Warranty. For delivered products, the existing, legal liability for defects applies, unless otherwise regulated in this contract or otherwise agreed between the parties. In the case of used products, claims for defects and claims for damages, which are directly related to a defect, become time-barred within one year after delivery. With respect to entrepreneurs, the warranty period for all products delivered by WD shall be one year from delivery.

8.2 Guarantees: Any guarantees given by us for certain articles or manufacturer's guarantees granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of article 8.1. Details of the scope of such guarantees are set out in the guarantee conditions which may be enclosed with the articles. An additional guarantee exists for the products delivered by us only if this was expressly stated in the order confirmation for the respective article.

8.3 Duty of inspection and notification of defects for entrepreneurs. If you are an entrepreneur within the meaning of § 14 BGB, the delivered product shall be deemed approved if you do not inspect the goods upon receipt and notify WD immediately of any defects. For defects that only become apparent at a later date, the warranty period for entrepreneurs shall be 12 months for items delivered by WD - except in the case of claims for damages.

8.4 Exclusions. Excluded from the warranty pursuant to Article 8.1 are in particular damages resulting from improper use of the Products, a breach of Article 8.1 this Agreement, use contrary to WD's or the manufacturer's specifications or for an unspecified purpose, negligence, improper storage or safekeeping of the Products, accident, defects resulting from transport of the Products, and normal loss or wear and tear.

 

III. Common provisions

 

9. Data Privacy

We collect, process and use your personal data in accordance with the applicable laws. Information on the type and scope of data processing and data protection is contained in our data protection declaration, which can be accessed at mydata@watchdreamer.com and describes how and for what purposes personal data is collected via the website. This privacy policy in its current version is an integral part of the present contract.

 

10. Liability

WD shall be liable in accordance with the statutory provisions (a) in the event of a breach of contract by WD, its employees or other representatives or vicarious agents, (b) in the absence of a warranted quality, (c) in the event of culpable injury to life, limb or health, and (d) under the German Product Liability Act.

In the event of simple or slight negligence, WD shall only be liable for damages resulting from the breach of a material contractual obligation. Material contractual obligations are those obligations that make the performance of the Contract possible in the first place, the non-fulfillment of which endangers the achievement of the purpose of the Contract and on the fulfillment of which the contracting party may rely ("Cardinal Obligations"). The above limitation of liability shall not apply in the event of culpable injury to life, limb or health or in the event of the absence of a warranted characteristic.

WD's liability is otherwise excluded.

 

11. Miscellaneous

11.1 Severability clause. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions, if any.

11.2 Assignment. You may not assign or transfer your rights and obligations under this Agreement. Nevertheless, § 354a HGB shall apply if you are a merchant. We are entitled to assign or transfer rights or obligations under this contract at any time without your prior consent or to subcontract the performance of our obligations under this contract to third parties.

11.3 Force majeure. We cannot be held liable for the non-performance or late performance of our obligations for which we are not responsible, due to force majeure events such as natural disasters of particular intensity, wars, acts of governments or authorities, riots, strikes, epidemics or pandemics or failures of electricity or telecommunications networks. Should such an event occur, we will inform you immediately.

 

12. Out-of-court settlement of disputes

12.1 The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr/, which consumers can use to settle a dispute and where consumers can find further information on dispute resolution.

12.2 However, we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board in the event of a dispute with you.

 

13. Applicable law and place of jurisdiction

13.1 Applicable law. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and German international private law. If you have placed the order as a consumer and have your habitual residence in a country other than Germany at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

13.2 Place of jurisdiction. If you are a merchant within the meaning of § 1 para. 1 HGB, a legal entity under public law or a special fund under public law and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship concerned shall be our registered office (currently Dortmund). In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

 

14. Contact

You can contact us at the following address: info-de@watchdreamer.com