General Terms and Conditions for Customers of State of Time GmbH
1. Scope
2. Offer, acceptance, conclusion of contract
3. Prices, payment terms, due date
4. Right of withdrawal of State of Time GmbH in case of late payment by the customer
5. Delivery, shipping costs, transfer of risk
6. Transport damage
7. Right of withdrawal and return costs
8. Warranty, liability, compensation
9. Procurement risk
10. Set-off, right of retention
11. Identification requirement for transactions exceeding EUR 10,000
12. Data protection
13. Applicable law, place of jurisdiction
14.Out-of-court online dispute resolution (OS platform)
1. Scope
For transactions between State of Time GmbH and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. State of Time GmbH does not recognize any general terms and conditions of the customer that deviate from these terms and conditions in whole or in part.
2. Offer, acceptance, conclusion of contract
2.1. All offers from State of Time GmbH are non-binding and subject to change and are to be understood as an invitation to submit an offer.
2.2. The customer's order represents an offer to State of Time GmbH to conclude a purchase contract. For online orders, the customer places a binding order by clicking on the "order with payment" button. The contract is only concluded with an express declaration of acceptance by State of Time GmbH. Acceptance is subject to the availability of the goods.
2.3. If State of Time GmbH discovers during the processing of the order that the ordered goods are no longer available, the customer will be informed of this by email.
2.4. State of Time GmbH accepts the customer order by email. This email contains details of the order and payment (order confirmation). The order confirmation represents acceptance of the offer and thus the conclusion of the purchase contract. The content of the purchase contract is based on the content of the order confirmation and these General Terms and Conditions of Use.
3. Prices, payment terms, due date
3.1. All prices are final prices in euros plus the current, separately listed shipping costs. State of Time GmbH points out that the sale of the used goods (marked) that are the subject of the contract is subject to differential taxation in accordance with Section 25a UStG and that no value added tax is charged. The tax is not shown separately on the invoice.
3.2. State of Time GmbH only accepts advance payment and cash upon collection as payment methods.
3.3. The ordered goods will only be dispatched after the purchase price and shipping costs have been paid in full by the customer.
3.4. State of Time GmbH will invoice the customer for the purchase price including the applicable shipping costs (see 5.3.) in the order confirmation. The total price is due upon receipt of this email.
3.5. The customer is entitled to pay the total price in full to State of Time GmbH immediately after receiving the order confirmation.
3.6. The customer is obliged to pay the total price to State of Time GmbH within five days of receiving the order confirmation. The decisive factor for meeting the deadline is the receipt of payment into the company account of State of Time GmbH. If no payment of the total price can be received after the deadline, the customer will be in default of payment without any further explanations or reminders being necessary.
4. Right of withdrawal of State of Time GmbH in case of late payment by the customer
4.1. If the customer does not meet his payment obligations within the period specified in 3.6 under the conditions specified therein, State of Time GmbH is entitled to withdraw from the contract without prior notice.
4.2. The declaration of withdrawal must be made in writing by email.
5. Delivery, shipping costs, transfer of risk
5.1. State of Time GmbH generally delivers the goods immediately after receipt of payment by dispatching them from the warehouse to the delivery address provided by the customer.
5.2. For organizational reasons, shipments are only made on working days between Monday and Friday. Shipping on other days is possible if the customer covers the additional costs.
5.3. Shipping costs are borne by the customer.
5.4 If the customer so wishes, the goods can also be picked up at our branch or at an individually agreed location at an agreed time.
5.5. Shipping will only be insured and properly and carefully packaged.
5.6. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the risk is transferred when the goods are handed over to the customer, i.e. State of Time GmbH bears the shipping risk. Handover is deemed to have occurred if the customer is in default with the acceptance of the goods. If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the risk is transferred when the goods are handed over to the forwarding agent, freight carrier or other person or institution designated to carry out the shipment.
6. Transport damage
Transport damage must be reported to the carrier immediately. In the event of a complaint, the customer is obliged to describe the defect precisely and to report it to State of TIme GmbH in writing within 1 day of receipt of the shipment.
7. Right of withdrawal, return costs
If the customer is an EU consumer, he or she has a right of withdrawal. For customers from non-EU countries or if the goods are shipped to non-EU countries, the right of withdrawal does not apply. However, State of Time GmbH offers international customers the right to return the goods within 14 days of receipt of the shipment.
There is a fee of 9% of the purchase price including shipping costs for this service. This service fee will be deducted from the refund amount. The returned goods must be in their original condition.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us, the:
State of Time GmbH
Ziegeleistrasse 7
86368 Gersthofen
info ( at ) state-of-time.de
by means of a clear statement (e.g. letter or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
Goods that have already been delivered will only be taken back and the full purchase price refunded if they have not been used or worn. You will be responsible for the full cost of returning the goods to us. In this case, you agree to send the goods with a suitable shipping service and with full insurance.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
8. Warranty, liability, compensation
8.1 Liability for defects in used items is excluded for buyers who are entrepreneurs.
8.2. Claims for damages due to a defect are excluded for consumers as buyers. The remaining warranty rights expire within one year for used items.
8.3. Excluded from liability for defects are the accuracy of the movement, water resistance, wear of the strap and normal signs of wear (scratches, dents) of the used item, unless the specific item description states otherwise.
8.4. State of Time GmbH is not liable for defects caused by improper handling of the item by the buyer or third parties; this also applies to normal wear and tear.
8.5. The removal of markings, stickers and other markings required for identification of the goods will result in the loss of any claim to liability for defects.
8.6. Liability for defects expires at the time the customer or a third party attempts to repair the item themselves.
8.7. Any exclusions of liability do not apply to intentional or grossly negligent conduct on the part of the seller and his vicarious agents, not in the event of injury to the life, limb or health of the customer, not in the event of culpable breach of contractual obligations by the seller and his vicarious agents and not with regard to guaranteed properties. However, compensation for the breach of essential contractual obligations is limited to the damage that is typically foreseeable under the contract.
9. Procurement risk
State of Time GmbH assumes no procurement risk and is entitled to withdraw from the contract at any time if, despite a previous purchase contract, the contractually promised goods are not received from the supplier or manufacturer through no fault of its own (intention or negligence).
10. Set-off, retention
10.1. The customer may only offset counterclaims if these are undisputed by State of Time GmbH or have been legally established.
10.2. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
11. Identification requirement for transactions exceeding EUR 10,000.00.
11.1. In compliance with the due diligence obligations under the Money Laundering Act, cash withdrawals and cash receipts of more than EUR 10,000.00 will only be made after the customer has been identified in accordance with the following provisions.
11.2 If the customer is a natural person, identification will be carried out by presenting an officially valid photo ID (identity card or passport).
11.3 If the customer is a legal entity, State of Time GmbH will require an extract from the commercial or cooperative register or a comparable official register or directory, the founding documents or equivalent probative documents or access to the register or directory data.
12. Data protection
State of Time GmbH complies with the rules of data protection law. Personal data is only collected to the extent technically necessary, for example for contract processing. Under no circumstances will the data collected be sold or otherwise passed on to third parties - unless it is essential for the contract to be carried out. State of Time GmbH collects, processes and uses a user's personal data without further consent only to the extent that it is necessary for the contract to be carried out and for billing purposes. State of Time GmbH will provide the customer with information on the data stored about him or her upon request. The information is provided in text form (letter or email).
13. Applicable law, place of jurisdiction
13.1. All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
13.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law without a place of jurisdiction in Germany, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Augsburg.
14.The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr . We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.