Terms of service

General Terms and Conditions (GTC)

§ 1 Scope of Application, Customer Information

These General Terms and Conditions (GTC) govern the contractual relationship between "Peter Paulhart - Sole Proprietorship" and consumers and entrepreneurs who purchase goods from our online shop. They also apply to all future deliveries, services, or offers to the customer, even if not separately agreed upon again. The terms and conditions of the customer or third parties do not apply, even if we do not specifically object to their applicability in individual cases. Even if we refer to a letter containing or referring to the terms and conditions of the customer or a third party, this does not imply acceptance of those terms and conditions. The language of the contract is German.

§ 2 Conclusion of Contract

The offers on the internet are a non-binding invitation to you to order goods. You can place one or more products in the shopping cart. During the order process, you provide your details and preferences regarding payment methods, delivery arrangements, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. We are entitled to accept your offer within 2 working days by sending an order confirmation via email. If this period expires without result, your offer is considered rejected, meaning you are no longer bound by your offer.

§ 3 Customer Information: No Storage of Contract Text

We do not store your order with details of the concluded contract (e.g., type of product, price, etc.). We will send you the GTC, but you can also access them at any time on our website. If you want to save the product description from our shop page for your own purposes, you can take a screenshot or alternatively print the entire page at the time of ordering.

§ 4 Customer Information: Correction Notice

You can correct your entries before submitting the order at any time using the delete button. We will inform you of further correction options during the ordering process. You can also terminate the ordering process at any time by closing the browser window.

§ 5 Prices; Payment

The prices indicated by the seller are gross prices and do not include VAT due to the small business regulation. Shipping costs are listed separately. The buyer is obligated to prepay the purchase price. The purchase price is due immediately after ordering.

§ 6 Retention of Title

The purchased item remains our property until full payment has been made.

§ 7 Delivery

Delivery will be made within the specified delivery time for the respective item to the address provided by the buyer. In case of delivery delays due to force majeure or operational disruptions, the delivery period will be extended by the duration of the disruption, but no more than three weeks. If the performance of the contract becomes unreasonable for one of the contracting parties due to the duration of the delay, they may withdraw from the contract to that extent. Further claims by the contracting partner are excluded. Force majeure includes government interventions, strikes, energy or raw material difficulties, lockouts, accidents, operational disruptions, or other events that make delivery substantially more difficult or impossible.

§ 8 Warranty Rights

Legal warranty rights apply to our goods. The goods are free from material defects if they have the agreed quality at the time of transfer of risk (delivery). The quality is determined by the respective item description and corresponding product images. For used goods, signs of wear and tear are part of the agreed quality. A material defect particularly exists if the functionality of the movement is affected.

Reduction of the limitation period for used goods for consumers: By concluding the purchase contract, it is agreed to shorten the limitation period for warranty claims for used goods to one year. Excluded are claims for damages, claims due to defects that we have fraudulently concealed, and claims arising from a warranty. The statutory periods apply to these.

Limitation of warranty rights (warranty) for entrepreneurs: Your warranty claims due to defects in the purchased goods expire one year after the transfer of risk. The warranty for the water resistance of the watches is excluded. Water resistance is not a permanent property according to DIN 8310 and should be checked annually. The above regulations do not affect claims for damages, claims due to fraudulently concealed defects, from any given warranty, and for construction defects. Statutory limitation periods apply to these.

In the event of asserting warranty rights, the customer must prove that the defect was present at the time of the transfer of risk and was not caused by wear and tear or improper handling. Within one year, it is presumed that the defect was already present at the time of the transfer of risk, unless this presumption is inconsistent with the nature of the goods or the defective condition.

If the delivered goods are defective, the customer has the statutory warranty rights. For used goods, there are no warranty rights if the customer was informed of existing defects before ordering and accepted them. The limitation period for new goods is two years, for used goods one year, provided the customer has agreed to the shortened limitation period.

§ 9 Limitation of Liability

We exclude liability for slightly negligent breaches of duty, unless they concern essential contractual obligations, damage resulting from injury to life, body, or health, guarantees, or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and legal representatives. Essential contractual obligations include the obligation to deliver the goods and transfer ownership to you, as well as the obligation to provide the goods free of material and legal defects.

§ 10 Final Provisions

Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement. Austrian law applies, excluding the UN Sales Convention. Mandatory provisions of the country in which the customer has their habitual residence remain unaffected. The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if the customer is a merchant.

If the contract or these GTC contain gaps, the legally effective provisions that the contracting parties would have agreed upon according to the economic objectives of the contract and the purpose of these GTC if they had known of the gap will apply.

§ 11 Consumer Information: Non-Participation in Dispute Resolution Procedure

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.