Terms of service
GENERAL TERMS AND CONDITIONS
1. Scope of application
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The contract of sale is concluded with Bartels Watches.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking the order button you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the method of payment you have chosen:
Credit card
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
Payment in advance
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing your order in the shop, we ask PayPal to initiate the payment transaction and accept your offer.
Cash payment on pickup
We accept your order by sending a declaration of acceptance in a separate e-mail within two days.
3. Contract language, contract text storage
The language available for the conclusion of the contract is English.
We save the text of the contract and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
In addition to the indicated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
We do not deliver to packing stations.
5. Payment
Payment in advance
If you choose to pay in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
When you place your order, you also provide us with your credit card details.
Once you have been identified as a legal cardholder, we ask your credit card company to initiate the payment transaction immediately after conclusion of the contract. The payment transaction is carried out automatically by the credit card company and your card is debited.
PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
Cash payment on pickup
You pay the invoice amount in cash upon collection.
6. Retention of title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects law shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty or fraudulent intent
breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed
insofar as the scope of application of the Product Liability Act has been opened up.
Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
9. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10. Settlement of disputes
The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.
11. Concluding provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.