TERMS & CONDITIONS (Terms & Conditions & CUSTOMER INFORMATION)
Terms & Conditions (GTC) GOAT LUXURY GmbH. English & German
§ 1 - Validity of deliveries, offers and sales exclusively based on the following conditions
01 These general terms and conditions become part of all contracts.
02 For entrepreneurs, these general terms and conditions also apply to all future business relationships, even if the general terms and conditions are not expressly agreed again.
03 Conflicting general terms and conditions or deviating counter-confirmations will only be recognized if GOAT LUXURY GmbH expressly confirms them in writing.
04 The customer is a consumer if the purpose of the deliveries and services ordered cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 – Offer, acceptance and contract
01 Written and oral offers are subject to change and non-binding, even if they are not marked as such. According to the German Civil Code (BGB), GOAT LUXURY GmbH's offers on the Internet are an invitation to submit an offer.
02 A purchase contract between the customer and the company GOAT LUXURY GmbH is only concluded if the company GOAT LUXURY GmbH confirms the customer's order in writing or by email along with sending the general terms and conditions. By paying the purchase price, the buyer once again expressly confirms that they have read and accepted the General Terms and Conditions.
§ 3 - Acceptance period, late acceptance and release of the customer
01 According to § 146 ff. BGB, the order from the person placing the order expires if it is rejected by GOAT LUXURY GmbH or is not accepted in a timely manner. GOAT LUXURY GmbH must confirm an offer from the customer within seven days of receipt of the offer. If this deadline is not met by GOAT LUXURY GmbH, no valid purchase contract will be concluded and the customer will be released from his binding application.
02 If GOAT LUXURY GmbH only confirms an order from the customer after the aforementioned deadline has expired, this will not result in a purchase contract, as the customer is released by the expiry of the deadline. The delayed order confirmation is to be understood as a new order and can be accepted or rejected by the customer. Acceptance of the offer must be declared within a period of seven days. Otherwise the contract is deemed not to have been concluded.
§ 4 – Right of withdrawal according to § 145 BGB
01 The applicant is bound to his application in accordance with the legal provisions.
§ 5 - Consumer's right of withdrawal - cancellation policy
01 If the customer is a consumer and has concluded a contract with the provider using only means of distance communication, in particular by telephone, email or fax, or via the provider's website, he is entitled to revoke his declaration of intent to conclude the contract within fourteen days without giving reasons. The period begins at the earliest on the day after receipt of the goods if the consumer has already received this cancellation policy in text form at this point. To exercise your right of withdrawal, you must contact us, GOAT LUXURY GmbH, Kurze Straße 1, 89073 Ulm - email: request@goat-luxury.deinform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.
02 Consequences of cancellation - If the customer has canceled the contract, GOAT LUXURY GmbH must repay all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the customer choosing a different type of delivery than the inexpensive standard delivery offered by GOAT LUXURY GmbH), immediately and at the latest within fourteen days from the day on which notification of the customer's cancellation of this contract is received by GOAT LUXURY GmbH has been received. […]
§ 6 - Right of withdrawal on the part of GOAT LUXURY GmbH
01 If there are unforeseen delivery bottlenecks or delivery problems or comparable delivery problems for which GOAT LUXURY GmbH is not responsible, GOAT LUXURY GmbH will inform the buyer of this immediately. In this case, GOAT LUXURY GmbH expressly reserves the right to withdraw from the purchase contract.
02 If the purchase price confirmed in writing or by e-mail by GOAT LUXURY GmbH is not credited to the account of GOAT LUXURY GmbH within a period of two weeks after sending the written or e-mail purchase price confirmation due to the buyer's fault, GOAT LUXURY GmbH can declare its withdrawal from the purchase contract in accordance with the statutory provisions instead of asserting the purchase price claim.
§ 7 - Prices and shipping costs
01 All prices published verbally or in writing are non-binding. Errors and short-term price changes are always reserved. All prices are in EURO as stated.
02 All prices stated on the provider's website include the applicable statutory sales tax.
03 Unless otherwise agreed, GOAT LUXURY GmbH will ship the ordered goods within Germany exclusively for a flat shipping fee of €50 for postage, packaging, shipping and insurance per shipment.
04 In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may be payable by the buyer in individual cases, but not to GOAT LUXURY GmbH, but to the responsible customs or tax authorities there.
§ 8 – Delivery
01 Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to GOAT LUXURY GmbH and the freight forwarder as quickly as possible. The buyer's warranty claims remain unaffected by this.
02 If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold during shipment only passes when the goods are handed over to the buyer, regardless of whether the shipment is insured or uninsured.
03 If the buyer is not a consumer, delivery and dispatch takes place at the buyer's risk.
04 The goods will only be sent to the specified delivery address after the seller has received the full purchase price and shipping costs.
05 All binding delivery times require express written confirmation. Partial deliveries are permitted. Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible, such as: B. GOAT LUXURY GmbH is not responsible for strikes, operational disruptions, official orders, material procurement difficulties, etc., even if they occur at the supplier's end, even if deadlines and dates have been bindingly agreed.
06 Acceptance of the ordered and delivered goods is an obligation of the buyer. If the buyer refuses acceptance or fails to accept it, the buyer is in default of acceptance. […]
07 Water resistance is not guaranteed for used and vintage watches.
Even with newer watches, water resistance is only a snapshot at the time of a pressure test. Seals and components are subject to natural wear. Permanent waterproofness cannot therefore be guaranteed. Any contact of the watch with water is entirely at the buyer's own risk.
§ 9 – Terms of payment
01 The goods are delivered against bank transfer, direct debit, check payment or in cash. The choice of payment method is made after consultation with GOAT LUXURY GmbH. […]
02 If the customer defaults on payment, GOAT LUXURY GmbH is entitled to charge interest of up to 5 percentage points above the respective discount rate of the Deutsche Bundesbank or the guiding principle of the European Central Bank.
§ 10 – Retention or offsetting
01 The customer is only entitled to withhold or offset partial amounts if a counterclaim that is to be offset has been legally established or acknowledged in writing by GOAT LUXURY GmbH.
§ 11 – Retention of title
01 The goods remain the property of the seller until the purchase price has been paid in full.
02 If the buyer is an entrepreneur, the following also applies: a) The seller retains ownership of the goods until all claims have been settled in full […]
§ 12 – Warranty
01 The legal regulations apply.
02 For used items, the warranty period is one year from delivery of the goods, contrary to the legal regulations. The one-year warranty period does not apply to damages attributable to the seller due to injury to life, body or health and damages caused by gross negligence or intent or fraud on the part of the seller, as well as to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
03 If the buyer is an entrepreneur, the following applies, in deviation from § 12 (1): a) Only the seller's own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer. b) The buyer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to the seller in writing within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. […]
04 Watertightness of the goods sold is not guaranteed unless expressly confirmed in writing in individual cases with a current test report. Water resistance is generally excluded for used and vintage watches. Warranty claims due to water damage are excluded unless written confirmation of watertightness with a test report is part of the purchase contract.
§ 13 – Limitations of liability
01 Liability of GOAT LUXURY GmbH for slightly negligent breaches of duty is excluded if no essential contractual obligations are affected […]
§ 14 - Place of performance, place of jurisdiction
01 The place of performance for all services arising from the business relationship with the seller and the place of jurisdiction is Ulm, provided that the buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
02 In principle, the law of the Federal Republic of Germany applies.
§ 15 – Final provisions
01 Should a clause in these General Terms and Conditions or a provision within the framework of other contractual agreements be or become ineffective, this will not affect the effectiveness of all other provisions or agreements. § 306 BGB applies accordingly. […]
02 All changes, additions, cancellations or deviating agreements in the General Terms and Conditions must be in writing to be effective.
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English version:
TERMS & CONDITIONS (English Version)
§ 1 - Validity of deliveries, offers and sales exclusively on the basis of the following terms and conditions.
01 These general terms and conditions become part of all contracts.
02 For entrepreneurs, these general terms and conditions also apply to all future business relationships, even if the GTC are not expressly agreed again.
03 Contradictory general terms and conditions or deviating counter-confirmations are only recognized if the company GOAT LUXURY GmbH expressly confirms them in writing.
04 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 - Offer, acceptance and contract
01 Written and verbal offers are subject to change and non-binding, even if they are not marked as such. The offers made by GOAT LUXURY GmbH on the Internet are to be understood as an invitation to submit an offer in accordance with the German Civil Code (BGB).
02 A contract of sale between the customer and GOAT LUXURY GmbH is only concluded when GOAT LUXURY GmbH confirms the customer's order in writing or by e-mail together with the sending of the General Terms and Conditions. By paying the purchase price, the buyer again expressly confirms that he has read and accepted the General Terms and Conditions.
§ 3 - Acceptance period, delayed acceptance and exemption of the customer
01 According to § 146 ff. BGB (German Civil Code) the order of the orderer expires if it is rejected or not accepted in time by GOAT LUXURY GmbH. GOAT LUXURY GmbH must confirm an offer from the customer within a period of seven days from receipt of the offer. If this deadline is not met by the company GOAT LUXURY GmbH, no valid purchase contract is concluded and the customer is released from his binding application.
02 Should the company GOAT LUXURY GmbH only confirm an order from the customer after the expiry of the aforementioned deadline, this will not result in the conclusion of a purchase contract, as the customer is released from his binding request by the prior expiry of the deadline. The delayed order confirmation is to be understood as a new order and can be accepted or rejected by the customer. The acceptance of the offer must be declared within a period of seven days. Otherwise, the contract shall be deemed not to have been concluded.
§ 4 - Right of withdrawal according to § 145 BGB (German Civil Code)
01 The applicant shall be bound by his application in accordance with the statutory provisions.
§ 5 - Consumer's right of withdrawal - cancellation policy
01 If the customer is a consumer and has concluded a contract with the supplier using exclusively means of distance communication, in particular by telephone, e-mail or fax, or via the supplier's website, he is entitled to revoke his declaration of intent to conclude the contract within fourteen days without stating reasons. The period begins at the earliest on the day after receipt of the goods, if at this time the consumer has also already received this cancellation policy in text form. In order to exercise your right of withdrawal, you must inform us, GOAT LUXURY GmbH , Kurze Straße 1, 89073 Ulm, Germany - e-mail: request@goat-luxury.de by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory. To meet the deadline, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period. End of the cancellation policy.
02 Consequences of withdrawal - If the customer has withdrawn from the contract, GOAT LUXURY GmbH must repay all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the inexpensive standard delivery offered by GOAT LUXURY GmbH, without delay and at the latest within fourteen days from the day on which GOAT LUXURY GmbH received notification of the withdrawal from this contract by the customer. For this repayment, GOAT LUXURY GmbH uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will GOAT LUXURY GmbH charge the customer for this repayment. GOAT LUXURY GmbH may refuse repayment until GOAT LUXURY GmbH has received the goods back or the customer has provided proof that the goods have been returned, whichever is the earlier. The customer must return or hand over the goods to GOAT LUXURY GmbH without delay and in any case no later than fourteen days from the day on which GOAT LUXURY GmbH was informed of the cancellation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. If the customer is unable to return the goods received in whole or in part or only in a deteriorated condition, the customer shall pay compensation to this extent, even if the deterioration is due to the intended use of the goods to the total purchase price. This shall not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a shop, for example. In addition, the obligation to compensate for a deterioration in value caused by the intended use of the goods can be avoided if the buyer does not use the goods as if they were his own property and refrains from doing anything that would impair their value.
§ 6 - Right of withdrawal on the part of GOAT LUXURY GmbH
01 Insofar as unforeseen delivery bottlenecks or delivery problems or comparable delivery problems occur for which GOAT LUXURY GmbH is not responsible, GOAT LUXURY GmbH will inform the purchaser immediately. In this case GOAT LUXURY GmbH expressly reserves the right to withdraw from the purchase contract.
02 If the purchase price confirmed in writing or by e-mail by GOAT LUXURY GmbH is not credited to the account of GOAT LUXURY GmbH within a period of two weeks after sending the purchase price confirmation in writing or by e-mail due to the fault of the purchaser, GOAT LUXURY GmbH can declare its withdrawal from the purchase contract in accordance with the statutory commissions instead of asserting the purchase price claim. Any claim for damages on the part of GOAT LUXURY GmbH remains unaffected by the exercise of the right of withdrawal. In the event of withdrawal, any subsequent payments made by the customer which exceed a justified claim for damages or a justified claim for value replacement must be refunded without delay.
§ 7 - Prices and shipping costs
01 All prices published verbally or in writing are non-binding. Errors and price changes at short notice are always reserved.
All prices are quoted in EURO.
02 All prices stated on the supplier's website are inclusive of the applicable statutory value added tax.
03 Unless otherwise agreed, GOAT LUXURY GmbH will ship the ordered goods within Germany exclusively against a flat-rate shipping fee of € 50 for postage, packaging, shipping and insurance per shipment.
04 In the case of cross-border delivery, further taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may be payable by the buyer in individual cases, but not to GOAT LUXURY GmbH , but to the customs or tax authorities responsible there.
§ 8 - Delivery
01 Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify GOAT LUXURY GmbH and the carrier of any complaints as soon as possible. The warranty claims of the buyer remain unaffected by this.
02 Insofar as the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to the buyer until the goods are handed over, regardless of whether the shipment is insured or uninsured.
03 If the buyer is not a consumer, the delivery and shipment shall be at the buyer's risk.
04 The goods will only be dispatched to the specified delivery address after receipt of the full purchase price and the shipping costs by the seller.
05 All binding delivery deadlines require express written confirmation. Partial deliveries are permissible. GOAT LUXURY GmbH is not responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible, such as strikes, operational disruptions, official orders, material procurement difficulties, etc., even if they occur at the supplier's premises, even in the case of bindingly agreed deadlines and dates.
06 The acceptance of the ordered and delivered goods is an obligation of the buyer. If the buyer refuses or fails to accept the goods, the buyer is in default of acceptance. After a renewed and likewise failed delivery attempt, GOAT LUXURY GmbH reserves the right to demand 20% of the order value as compensation, subject to proof of a possible higher damage.
07 For pre-owned and vintage watches, no water resistance is warranted. Even for newer watches, water resistance is only a snapshot at the time of any pressure test carried out. Gaskets and components are subject to natural wear. Permanent water resistance is not guaranteed. Any use in contact with water is entirely at the purchaser’s own risk.
§ 9 - Terms of payment
01 The delivery of the goods takes place against bank transfer, direct debit, payment by check or cash. The choice of payment method is made after consultation with the company GOAT LUXURY GmbH. Furthermore, after consultation with the company GOAT LUXURY GmbH, another payment method (advance payment, bank-confirmed check) can also be agreed. Payment is only deemed to have been made when the amount to be paid has been irrevocably credited to the account of GOAT LUXURY GmbH.
02 If the customer is in default of payment, GOAT LUXURY GmbH is entitled to demand interest of up to 5 percentage points above the respective discount rate of the Deutsche Bundesbank or the central rate of the European Central Bank. The assertion of further damage caused by default is expressly reserved.
§ 10 - Retention or set-off
01 The customer is only entitled to withhold or offset partial amounts if a counterclaim with which offsetting is to take place has been legally established or recognized in writing by GOAT LUXURY GmbH.
§ 11 - Retention of title
01 The goods remain the property of the seller until the purchase price has been paid in full.
02 If the buyer is an entrepreneur, the following applies in addition: a The seller retains ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted. b The buyer may resell the goods in the ordinary course of business. In this case, the buyer already now assigns to the seller accepting the assignment all claims in the amount of the invoice amount accruing to him from the resale. The buyer is further authorized to collect the claim. However, insofar as he does not properly fulfill his payment obligations, the seller reserves the right to collect the claim himself. If the reserved goods are combined and mixed, the seller shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. d The seller undertakes to release the securities to which it is entitled at your request to the extent that the realizable value of the seller's securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.
§ 12 - Warranty
01 The statutory provisions shall apply.
02 In the case of used goods, the warranty period shall be one year from delivery of the goods, in derogation of the statutory provisions. The one-year warranty period shall not apply to culpably caused damage attributable to the seller arising from injury to life, limb or health and damage caused by gross negligence or wilful intent or fraudulent intent on the part of the seller, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 of the German Civil Code (BGB).
03 Insofar as the buyer is an entrepreneur, the following shall apply in deviation from § 12 (1): a Only the Seller's own specifications and the manufacturer's product description shall be deemed determined as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer. b The Buyer shall be obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the Seller in writing of any obvious defects within 7 days of receipt of the goods; timely dispatch shall suffice to meet the deadline. This shall also apply to hidden defects discovered at a later date. c In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims shall be excluded. d In the event of defects, the seller shall, at his discretion, provide warranty by rectifying the defect or supplying a replacement. If the rectification of the defect fails twice, the buyer may, at his discretion, demand a reduction in price or withdraw from the contract. In the event of rectification of defects, the Seller shall not be obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods. e The warranty period shall be one year from delivery of the goods.
04 Water resistance of the goods sold is not warranted unless expressly confirmed in writing in the individual case with a current test protocol. For pre-owned and vintage watches, water resistance is generally excluded. Warranty claims based on water damage are excluded unless a written confirmation of water resistance with test protocol is part of the purchase contract.
§ 13 - Limitation of liability
01 Any liability of GOAT LUXURY GmbH for slightly negligent breaches of duty is excluded if no essential contractual duties, i.e. duties the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endsangers the achievement of the purpose of the contract and the observance of which the purchaser regularly relies on, damages from injury to life, body or health, guarantees for the quality of the object of purchase or also claims under the Product Liability Act are affected. The same applies to corresponding breaches of duty by the vicarious agents of GOAT LUXURY GmbH. In this case, the liability is limited to the damage that must be expected as typical for the contract. The limitation of liability does not extend to intent and gross negligence.
§ 14 - Place of performance, place of jurisdiction
01 The place of performance for all services arising from the business relations with the seller and the place of jurisdiction shall be Ulm, insofar as the buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
02 In principle, the law of the Federal Republic of Germany shall apply.
§ 15 - Final commissions
01 Should a clause in these General Terms and Conditions or a provision within the framework of other contractual agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. § Section 306 of the German Civil Code shall apply accordingly. The parties undertake already now to agree on a provision in this case which comes as close as possible to the original, legal and economic intention.
02 All amendments, supplements, cancellations or deviating agreements in the General Terms and Conditions must be in writing to be effective. This also applies to the waiver of the written form requirement itself.