Terms and conditions
Terms and Conditions (GTC) for purchases in the EQVIS eShop
§ 1 GENERAL, SCOPE OF TERMS AND CONDITIONS
1.1 All deliveries and services of EQVIS GmbH, Alsterdorfer Str. 394, 22297 Hamburg, Germany, subsequently "EQVIS", are made solely on the basis of the following general terms and conditions valid at the time of the order. Differing terms and conditions do not apply, unless they are expressly agreed in writing.
1.2 In the sense of these Terms and Conditions, customers are both consumers and entrepreneurs. Consumers are natural persons concluding contracts for a purpose that is neither commercial nor which can be attributed to their professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships having legal capacity, which in concluding the contract, exercise their commercial or independent professional activity.
1.3 The purchase contract is concluded with EQVIS GmbH, Alsterdorfer Str. 394, 22297 Hamburg, Germany, legally registered with the District Court Hamburg under the registration number HRB 146866.
§ 2 CONTRACT AGREEMENT
2.1 Our offers are always subject to changes and are not binding. The illustrations of products in the EQVIS eShop do not represent a legally binding offer, but a non-binding online catalogue. We reserve the right to errors in images to pictures, descriptions, dimensions, weights and design changes without prior notice. Images are for reference only and serve as illustrations and may differ from the final product. An order given via our website or by e-mail, internet auctions, phone, fax or mail by the customer shall be binding. After receipt of the order, the customer receives an email that confirms the receipt of his order (order confirmation). This order confirmation contains no declaration of acceptance of the offer, but is for information only. An effective purchase contract is created only with our delivery confirmation or delivery of the goods.
§ 3 STORAGE OF THE CONTRACT TEXT
3.1 We save your order and the order data entered. We will send you via e-mail an order confirmation with all order data. You also have the option to print both the order and the terms and conditions before placing the order with us. If you have an account with us, you have access at any time to the orders you have made.
§ 4 RIGHT OF REVOCATION POLICY FOR CONSUMERS
4.1 The following revocation right is valid only for consumers:
Right of Cancellation / Right of withdrawal
You are entitled to withdraw from this contract within fourteen days, without stating reasons.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you, other than the sponsor, take(s) possession of the goods. To exercise your right to withdraw, you must inform EQVIS GmbH, Alsterdorfer Str. 394, 22297 Hamburg, Germany, Tel. +49 40 500 161 88. Fax +49 40 500 161 87, email firstname.lastname@example.org, Internet www.eqvis.net, by way of an unambiguous declaration (e.g. in a letter sent by post mail, fax or email) of your decision to withdraw from this contract. You may use the withdrawal form template here, but this is not compulsory. In order to comply with the cancellation period, it is sufficient for you to send us notice that you are exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation If you withdraw from this contract, we have to refund all payments we have received from you, including shipment charges (with the exception of additional costs arising when you chose a different delivery method to the most cost-efficient standard delivery offered by us), immediately and at the latest within fourteen days from the day we received the notification that you are withdrawing from this contract. The repayment will be made using the same payment method as used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier. The customer shall return the goods promptly and in any event no later than fourteen days from the date on which the right of withdrawal was exercised. The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired. We shall bear the cost of returning the items. In order for you to receive a full refund, the goods you are returning must be in the same pristine condition, that you have received them in. Should the goods be returned with signs of wear forcing us to invest in reconditioning or replacement of the goods, we may choose to deduct these costs from your refund. A right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and the production of which required an individual choice or decision by the consumer, or which are clearly tailored to the personal needs of the customer (for example, commissioned engravings).
§ 5 SAMPLE CANCELLATION FORM
(If you would like to withdraw from the contract, please complete this form and send it back.)
Alsterdorfer Str. 394
Fax +49 40 500 161 87
I/We (*) hereby withdraw from the contract I/we (*) made regarding the purchase of the followinggoods (*) / provision of the following services (*)
Ordered on (*)/ received on (*)
Name of customer(s)
Address of customer(s)
Signature of the customer(s) (only for hard copies)
(*) Delete as appropriate.
§ 6 PRICES
6.1 The prices are ex warehouse as individual prices in Euro (EUR) and include the current valid sales tax in Germany (VAT). 19%, hereinafter referred to as value of goods. All prices are valid until a new price list is published.
6.2 The shipping costs and any other fees are not included in the price and will be added separately to the order. Packaging is included in the price.
§ 7 TERMS OF PAYMENT
7.1 All payments are to be made in advance, either by credit card, PayPal or by immediate bank transfer. With advance payment, we will provide our bank details to you, the customer, in the order confirmation and schedule to deliver the goods 8 business days after you submit your transfer order to your bank. The invoice amount is to be transferred within 10 days to our account. Payments by credit card will be charged when the order is fulfilled. When paying by Paypal or immediate transfer you will be taken directly from the ordering process to the payment pages of the payment company and you can accept the immediate payment here.
7.2 If you are a consumer, interest on the purchase price upon the occurrence of late payments during the delay will be charged to the amount of 5% above the base rate. If you are not a consumer, the interest rate for a delay in payment is 8% above the base rate. We reserve the right to prove and claim higher damages caused by delay.
§ 8 DELIVERY
8.1 Delivery is usually within 8 business days after receipt of payment. If delivery is delayed, we will inform you immediately.
8.2 Information about the delivery date are non-binding for the seller and merely constitute a non-binding estimate. Fixed transactions will not be entered into. If the non-compliance of an agreed delivery period is attributable to force majeure, labour dispute, fire, machine breakdown, unforeseen obstacles or other circumstances beyond the seller's control, the delivery period shall be extended for the duration of such events. This applies accordingly in the event that the seller is in default of delivery when entering one of these events.
8.3 Transport damages detected by the customer after receipt of the products are, if they were not already shown to the deliverer, to be notified to the shipping company or to us, within 24 hours after receipt of the item, otherwise no compensation or replacement is possible.
§ 9 TAXES, CHARGES, DUTIES
9.1 The customer is exclusively responsible for the payment of import duties, customs fees, or taxes in the recipient country.
§ 10 OWNERSHIP
10.1 We reserve ownership of the delivered goods until all claims from the delivery contract are paid in full.
§ 11 WARRANTY AND LIABILITY
11.1 EQVIS offers customers a 24-month-warranty with all watches purchased via the EQVIS eShop. The 24-month-warranty will start on the day the watch is collected or dispatched. The warranty will be represented by an individually stamped and dated warranty card provided with the watch. In case your EQVIS watch experiences issues in performance or otherwise within these 24 months, the service it will need will be free of charge for the buyer. For issues occurring after the 24-month-period EQVIS will need to charge for services commissioned by the customer. For instructions on how to successfully process a warranty issue, please contact the EQVIS service department at email@example.com
11.2 Issues not covered by this warranty list as follows:
- Defects and/or damages due to normal wear and tear.
- Defects and/or damages due to loss, theft and/or fire.
- Defects and/or damages resulting from deliberate misuse or negligence and/or resulting from accidents.
- Defects and/or damages caused by improper use like hard knocks, denting, crushing etc., alteration, dismantling, or repairs done by anyone other than by the EQVIS Service Center.
11.3 EQVIS´ two year international warranty applies to the watch head only and does not include the following components:
- The straps and the buckle
- The Changelings and the Dividers
- The external screws and the screw bars
- The packaging including the wooden watch box, the leather travel case including its contents and the paper work.
§ 12 DATA STORAGE / PRIVACY
12.1 We inform our customers of the fact that we save and process their data to the extent necessary for business purposes and permissible under the Federal Data Protection Act. The data will not be disclosed to third parties.
12.2 We use your personal data exclusively to process your order. All customer data will be processed and stored by us in compliance with relevant regulations of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). You always have a right to free information, correction, blocking and deletion of your stored data. Please contact firstname.lastname@example.org or send us your request by mail or fax.
12.3 We do not disclose to third parties your personal data, including your home address and email address, without your explicit and revocable consent. This does not include service partners who need to transmit data for order processing (e.g. the mail-order company handling the delivery and the bank responsible for processing payments). In these cases, the amount of data disclosed is limited to the required minimum.
12.4 We use technical and organisational security measures to protect your data maintained by us against accidental or intentional manipulation, loss, destruction and against access by unauthorised persons.
12.5 We store your email address in a news list. From time to time you will receive information from us. If you do not want this, a simple cancellation by email is sufficient.
12.6 For registered customers, information about the contents of the basket are stored in our database, which can then be called up at the next visit. If you would like to register with us or place an order, we will need your customer data. If you are already a customer with us, you can easily sign in with your email address and your personal password. The data stored in the database saves you time when filling in forms.
§ 14 MISCELLANEOUS
14.1 The contract languages are German and English.
14.2 If one or more provisions of these terms and conditions is invalid, the contract will remain valid. If provisions are invalid, the content of the contract shall be governed in accordance with statutory regulations.
Version: January 2019