General Terms and Conditions
§ 1 Scope of application and consumer information
(1) The following General Terms and Conditions apply to contractual relationships between the company Botta-Design, Klaus Botta, Klosterstraße 15a, 61462 Königstein im Taunus – hereinafter referred to as “the provider” – and customers – hereinafter referred to as “the customer” – that come about or are handled via the supplier’s online shop at www.botta-design.de (watch shop).
(2) Your contractual partner is the company:
61462 Königstein im Taunus
VAT identification number: DE-188146442
Phone: +49 6174 961188+49 6174 961188
Fax: +49 6174 961189
(3) German is the negotiating and contractual language. All business transactions abroad shall likewise be subject solely to the terms and conditions below.
(4) You can print out or save these General Terms and Conditions. To do so, please use the corresponding function of your browser. We will not make this contractual text separately available in any form. We merely store the version of the General Terms and Conditions that is valid at the time it is placed online.
(5) We store your contract and order data, and the contractual text; for security reasons no direct access is possible.
(6) When placing an order, please make sure to check all details once again before clicking the “buy now” button, and correct any errors.
§ 2 Conclusion of the contract
(1) Our offers are subject to change and non-binding. No information presented on our websites constitutes a legally binding offer. You can order from us by telephone, via our website (Internet) or by fax. When ordering via our website, you submit a binding offer to conclude a purchase contract for the goods in question when you click on the “buy now” button. When ordering by telephone or fax, you also submit a binding offer by sending the fax or placing a verbal order.
(2) We have the right to accept your offer within 14 calendar days by sending you an order confirmation (by post or by e-mail) or by fulfilling your order. If we do not accept your order within 14 calendar days, you must consider the offer to have been rejected. No purchase contract will be concluded in respect of products that are not listed in the order confirmation.
§ 3 Delivery
(1) Within Germany, we dispatch goods that are in stock within 1-5 working days at the latest after your order is placed. If the advance payment option is selected, the shipping times will begin from the moment payment reaches our account. Any shipping times that differ from the above will be stated in the description of the article.
(2) For information about shipping times and costs, and about the countries to which we ship, please refer to the corresponding subsection of our website at https://www.botta-design.de/de/versand_zahlung/ .
(3) If you order a product that was not available as per the article description, and we are not supplied with this product by our supplier through no fault of our own, we have the right to withdraw from the contract. In this event we will notify you immediately, and may suggest that we send you a comparable product. If no comparable product is available, or you do not wish to be sent a comparable product, we will immediately refund any monies already paid. In this case you also have the right to withdraw from the contract.
(4) We have the right to make partial shipments or provide partial services so long as this does not cause conflicting interests to be adversely affected in an unacceptable manner. If a partial shipment is made, we will naturally cover the additional shipping costs.
(5) The shipping time will be extended appropriately if the shipment is affected by force majeure. Force majeure includes in particular subsequent material procurement problems, riots, strikes, lock-outs, interruptions to operations, fire, natural disasters, transport disruptions, changes to legal regulations, official measures or decrees or the occurrence of other unpredictable events that are beyond our control and from an objective point of view did not arise through any fault of our own. Should one of the aforementioned cases arise, we will notify you thereof immediately. If service fulfilment is delayed in the aforementioned cases by more than four weeks, you will be entitled to withdraw from the contract. Further claims, especially for damages, will not exist in this case. This does not apply if, in cases of intent or gross negligence, in the case of assurances, or in the case of breach of essential contractual obligations due to simple negligence or in the case of predictable damage typical of the contract, liability is mandatory for legal reasons.
§ 4 Right of withdrawal
Consumers have a statutory right of withdrawal. Please note that this is usually granted by law for 14 days, yet we voluntarily extend this period for a further 16 days.
For contracts concluded after 13.06.2014 the following withdrawal conditions apply: note from the provider: please note that we have compiled the following information about the right of withdrawal on the basis of the sample text provided by Germany’s Federal Ministry of Justice and Consumer Protection. This text is ambiguous in our opinion, however, because pursuant to Section 187 Subsection 1 of the German Civil Code (BGB) the day of contract conclusion and/or the day on which possession is taken of the purchase item does not count when calculating the duration of the right of withdrawal. The deadline for withdrawal therefore ends rightly only 14 days after the date of contract conclusion or on which possession is taken. We would likewise ask you to kindly note that, in the event that you do not receive this information about the right of withdrawal at the same time as the contract is concluded, the deadline will also begin later, namely at the time when you receive this information. Please note this when reading the following information; in any case we will take this into account for you when calculating the deadline.
Information about right of withdrawal
Right of withdrawal
(1) You have the right to withdraw from this contract within 30 days without specifying any reasons. The deadline for withdrawal is 30 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of a contract for the delivery of a product in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.
(2) To exercise your right of withdrawal, you must notify us
61462 Königstein im Taunus
Telephone: +49 6174 961188+49 6174 961188
Fax: +49 6174 961189
by means of a clear declaration (e.g. in the form of a letter sent by post, a telefax or an e-mail) of your decision to withdraw from this contract. You can use the attached specimen withdrawal form for this purpose, though this is not mandatory. To comply with the withdrawal deadline it is sufficient for you to send the notification that you wish to exercise your right of withdrawal before the expiry of the withdrawal deadline.
(3) Specimen withdrawal form
- To Klaus Botta, Klosterstr. 15a, 61462 Königstein im Taunus, Fax: +49 6174 961189, E-Mail: firstname.lastname@example.org:
I/we (*) withdraw from the contract concluded by me/us (*) in respect of the purchase of the following goods (*)/ the provision of the following service (*). Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only in case of notification on paper) Date_______________
(*) Delete as appropriate.
(4) Consequences of withdrawal
If you withdraw from this contract, we are required to return to you all payments that we have received from you, including the shipping costs (except for any additional costs incurred as a result of your having chosen a different form of shipment than the cheapest standard shipment option offered by us), immediately and within fourteen days at the latest from the date on which the notification of your withdrawal from this contract reaches us. For the reimbursement we will use the same form of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will any fees be charged to you for this reimbursement. We may refuse reimbursement until such time as the goods have been returned to us or you have furnished us with proof that you have sent back the goods, whichever is the earlier.
You are required to send back or hand over the goods to us immediately, and in any event within fourteen days at the latest of the date on which you notify us that you are withdrawing from this contract. This deadline shall be deemed to be met if you send the goods back before expiry of the fourteen-day deadline. You will pay any direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is attributable to any handling that is not necessary for checking the quality, properties and function of the goods.
C. Exclusion of the right of withdrawal
Please note: the right of withdrawal does not apply to the shipment of goods manufactured to customer specifications or clearly tailored to personal needs, or which due to their nature are not suitable for return, which can spoil quickly or whose use-by date has expired.
§ 5 Costs of return in the event of exercising the right of withdrawal
For contracts concluded from 13.06.2014: you must pay the costs of return if you exercise your right of withdrawal.
§ 6 Prices, payment, due date and default
(1) The purchase price is due upon conclusion of the contract.
(2) You must pay the declared costs of shipping.
(3) Prices include statutory value added tax and any other price components.
(4) Payments can be made using the payment services specified in the article description. No other payment methods are accepted. For payments handled via PayPal or other payment providers, please also observe the General Terms and Conditions of the service provider in question.
(5) If you select the advance payment option, we will notify you of our bank account details in the order confirmation and will dispatch the goods once payment has been received. The invoice total must be transferred to our account within seven days.
(6) In the case of default, we have the right to charge interest at the rate of five percentage points above the respective base rate for the year. In legal transactions in which a consumer is not involved, we reserve the right to charge interest on payment claims in the case of default at an interest rate of eight percentage points above the base rate. We reserve the right to prove and assert a higher default loss pursuant to Section 288 Subsection 3, 4 of the German Civil Code (BGB).
(7) You will only be entitled to set-off if your counterclaims have been legally identified in a court of law, are undisputed or have been acknowledged by us in writing.
(8) You can only exercise a right of retention to the extent that the claims result from the same contractual relationship.
(9) If the purchase amount does not reach our account within the statutory or set deadline, we are entitled to withdraw from the purchase contract following expiry of an appropriate additional deadline.
§ 7 Terms of shipment
(1) The costs of shipment are determined by the respective offer and are specified there.
(2) Goods are dispatched as specified in the description of the article.
(3) If the advance payment option is selected, we will dispatch the goods within five working days after receipt of payment, or earlier if possible. If other payment options are selected, we will dispatch the goods immediately upon conclusion of the contract, and within three working days at the latest. No goods are dispatched on Saturdays, Sundays or public holidays.
§ 8 Transport damage
(1) If you are a consumer, we bear the risk of shipping, irrespective of which type of shipment we choose (insured / uninsured / parcel). In selecting insured shipment, we are merely insuring against our economic risk.
(2) In the case of shipments to contractors, the risk of accidental loss and of accidental deterioration of the goods sold passes to the contractor upon handover to the contractor himself or to an authorized recipient, or in the case of a sales dispatch upon handover of the goods to a suitable forwarding agent.
(3) If goods are delivered with visible transport damage, please complain about such defects immediately to the deliverer and contact us as quickly as possible.
(4) Failing to complain or make contact has no consequences whatsoever for your statutory warranty rights. However, it will help us assert our own claims to the forwarding agent or transport insurance company.
§ 9 Reservation of title
We reserve the right of ownership of the article in question until full payment has been made for an article or order.
§ 10 Warranty
(1) The statutory warranty rights apply. The statutory warranty period begins with the delivery of the goods and normally lasts for two years, possibly longer in exceptional cases, cf. Section 438 of the German Civil Code (BGB). If a defect occurs, you have the legal right within the statutory warranty period to subsequent performance (your choice of defect rectification or replacement delivery) and – if the statutory prerequisites are met – the statutory rights to reduction or withdrawal, as well as to compensation for damages. You must allow us a total of two attempts at rectification. If your chosen type of subsequent performance is only possible at dispropionate cost, your entitlement is restricted to the other type of subsequent performance.
(2) We accept no liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, or from overuse or improper repair on your part.
(3) We exclude our liability for breaches of obligations due to slight negligence insofar as these do not affect substantial contractual obligations, damages resulting from injury to life, limb or health or warranties, or relate to claims under product liability law. The same applies to breaches of obligations by our vicarious agents. In the case of damage caused in any other way, the provider is liable for intent and gross negligence, including on the part of his vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, limb or health. In the case of negligently caused property and pecuniary damage, the provider and his vicarious agents are liable only if a substantial contractual obligation is breached, though limited in amount to those damages that are foreseeable and typical of the contract upon conclusion of the contract. Substantial contractual obligations are those whose fulfilment characterizes the contract and on which the customer may rely.
§ 11 Saving of the contract
These General Terms and Conditions will be sent to you after conclusion of the contract. Please also save them yourself as a precaution by printing them out using your browser’s print function.
§ 12 Data privacy
Please note our separate data privacy statement.
§ 13 Final provision
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. German law does not apply to consumers whose permanent residence is outside Germany, however, insofar as the national law of the consumer’s home country contains provisions from which it is not permissible to deviate via a contract to the detriment of the consumer.
(2) In the event that the client is a merchant, a corporation under public law or a special fund under public law, the contractual parties agree that the provider’s place of domicile will be the place of fulfilment and sole place of jurisdiction.
(3) If individual provisions of these General Terms and Conditions should prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
(4) The European Commission provides a platform for Online Dispute Resolution that can be found here http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes.