1.0 Contractual Partner - Scope of Application
1.1 These General Terms and Conditions (GTC) apply to deliveries and services of Äonic GmbH, Prenzlauer Allee 200, 10405 Berlin, Germany, e-mail: ..., hereinafter referred to as "we" or "Äonic" and customers, who may be entrepreneurs or consumers (hereinafter collectively referred to as the orderer or customer).
1.2 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 Entrepreneurs are any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
1.4 Our General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly consented to their application. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the customer without reservation in the knowledge of the customer's GTC.
1.5 The GTC shall also apply to entrepreneurs in their respective version as a framework agreement for future similar contracts for the sale and/or delivery of movable goods with the same customer without us having to refer to them again in each individual case.
1.6 Supplements, deviations and other ancillary agreements shall be recorded in text form. Individual agreements made with the customer in individual cases shall in any case take precedence over these GTC.
1.7 The technical characteristics of our watches can be found in the watch passport. This is enclosed with the watch upon delivery.
2.0 Conclusion of contract-correction possibilities
2.1 Our offers are non-binding. This also applies if we have provided the customer with catalogs, technical documentation or other product descriptions or documents. All information is based on the characteristics of the German market. Errors, changes and prior sale reserved. All offers are valid only while stocks last.
2.2 Our offer of goods and services is merely an invitation to make an offer (invitatio ad offerendum).
2.3 In the online store, the customer makes an offer to purchase the goods collected in his virtual shopping cart by clicking on the button "Buy" or "Order subject to payment". The customer is bound to his order for up to 14 days. Unless otherwise agreed with the customer in writing or by information on the delivery time of the article in the online store. The purchase contract is concluded when we confirm acceptance of the order within the specified period or accept delivery by order confirmation or delivery of the goods.
2.4 Before sending the offer, the customer can check his data again and correct it if necessary. The customer can cancel the order at any time by closing the browser.
3.0 Prices, Payment, Default of Payment
3.1 All prices quoted are total prices in euros and include the applicable statutory value added tax (VAT) plus any shipping costs, which are shown separately in the ordering process.
3.2 Agreed ancillary services shall be charged additionally.
3.3 The purchase price and prices for ancillary services shall be due for payment in advance upon handover of the object of purchase or upon shipment.
3.4 In case of delivery of goods to a destination outside the Federal Republic of Germany, the customer shall only have the option of prepayment as payment.
3.5 Deliveries of goods outside the EU may be subject to import duties and taxes, which are levied as soon as the delivery reaches the specified destination. This also applies to areas of EU member states with special regulations. The customer has to bear any additional fee for customs clearance. Customs regulations vary greatly from country to country, so the customer should contact the local customs authority for more detailed information. Further, the customer must note that when placing orders, the customer is considered the importer and must comply with all laws and regulations of the country in which the shipment is received. Cross-border deliveries are subject to opening and inspection by customs authorities.
4.0 Retention of title
4.1 Goods sold shall remain our property until payment has been made in full.
4.2 We shall be entitled to a lien on the customer's repair item that has come into our possession on the basis of the contract due to claims arising from a repair contract. The lien may also be asserted on account of claims arising from work previously carried out, spare parts deliveries and other services, insofar as they are connected with the object to be repaired.
5.0 Special conditions for repairs
5.1 In addition, the following regulations as well as the repair conditions of our manufacturing partner Damasko GmbH apply to repairs that are not covered by the warranty and can be accessed at https://www.damasko-watches.com/de/reparaturbedingungen.
5.2 Our watches are manufactured in partnership with the watch manufacturer Damasko GmbH. Damasko GmbH takes over the service and repairs of Äonic watches. In case of repair of your watch during or outside the warranty period, please send the watch to Äonic GmbH, Prenzlauer Allee 200, 10405 Berlin, Germany, or to Damasko GmbH, Unterheising 17c, 93092 Barbing, Germany directly, or to an Äonic authorized dealer. If the customer wishes a binding price quotation, a separate order in text form is required for the preparation of a cost estimate.
5.3 With the exception of managing directors or authorized signatories, our employees are not entitled to make verbal agreements that deviate from the concluded contract, including these repair conditions.
5.4 Insofar as the customer wishes to assert claims from liability for material defects and/or warranty against Äonic and these are to form the basis of the repair order, the customer must make this clear when placing the order and point this out to us. For this purpose, the customer must prove the existence of a purchase contract and/or warranty contract, e.g. by submitting the purchase receipt and/or a warranty certificate.
5.5 If the repair is not due to warranty and/or the customer does not wish to have the repair carried out after the cost estimate, we reserve the right to invoice an amount of € 40 plus VAT for the inspection costs incurred, whereby the customer is at liberty to prove that we have incurred no or only lower damages.
5.6 If the repair order is not based on a binding price quotation from us, but on a simple cost estimate, the total price may be exceeded in the calculation of the order, provided that the exceeding of the costs was not recognizable to us when the cost estimate was prepared. If the costs are expected to be exceeded by more than 20%, we shall notify the customer thereof without delay and obtain the customer's consent to continue the work.
5.7 If the customer terminates the contract, whether because the cost estimate has been exceeded or for other reasons, he shall, however, pay for the work and costs incurred up to that time, including expenses for spare parts ordered and already procured, as well as for the profit.
5.8 The customer shall be in default of acceptance if he culpably fails to collect the object of the order within five working days after notification of completion, handing over or sending of the invoice. In the case of repair work carried out within one working day, the period shall be reduced to one working day.
5.9 Replaced parts shall become our property.
5.10 If acceptance is delayed for reasons for which we are not responsible, acceptance shall be deemed to have taken place after the expiry of 14 working days from notification of completion if the customer has not refused acceptance within this period, stating at least one defect.
5.11 If the customer requests collection or delivery of the object of the order, this shall be at his expense and risk unless otherwise agreed in text form.
5.12 We are entitled to demand an appropriate down payment or advance payment from the customer for the repair remuneration.
5.13 If the customer is an entrepreneur and if the shipment of the object of the order has been agreed, the risk shall pass to the customer at the latest upon handover to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if the Contractor bears the freight costs and/or carries out the shipment itself. If the shipment or the handover is delayed due to a circumstance for which we are not responsible, the risk shall pass to the customer from the day on which we are ready for shipment and have notified the customer of this.
6.0 Warranty
6.1 The statutory warranty regulations shall apply to consumers.
6.2 In the case of the purchase of a used item, claims for defects shall become statute-barred after one year.
6.3 Claims for defects arising from repair contracts shall become time-barred 12 months after acceptance of the repair.
6.4 If the customer is an entrepreneur, the limitation period for claims and rights due to defects - regardless of the legal reason - is one year.
6.5 The warranty shall expire as soon as the goods are opened by a third party or an unauthorized person within the warranty period.
6.6 The foregoing limitations and shortening of time periods shall not apply in the case of damages resulting from injury to life, body or health and for other damages based on intentional or grossly negligent breach of duty or fraudulent intent on the part of Äonic, as well as for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of guarantees or in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
6.7 The statutory provisions on the commencement of the limitation period, the suspension of the expiry of the limitation period, the suspension and the recommencement of limitation periods shall remain unaffected.
6.8 A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
6.9 The following circumstances shall not constitute a material defect unless they are attributable to fault on our part:
Operating errors (e.g. setting the watch during the date switching process, daily winding of the watch, setting the watch counterclockwise), improper handling (e.g. glass breakage, tearing out or breaking off the crown, knocks, falling, sporting activity), as well as normal wear and tear due to age or use.
The luminescence of the coating with special color / Superluminova is the result of a physical effect. Irregularities in luminosity and coating are possible. The coating of the Black models may cause irregular light reflections in individual cases.
7.0 Reference to OS-Platform-Consumer Dispute Resolution
7.1 The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.
7.2 We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
8.0 Choice of Law-Language of the Contract-Court of Jurisdiction for Entrepreneurs
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 Contract language is German.
8.3 Contracts are stored electronically by us, but for data protection reasons they can no longer be viewed by the customer after conclusion of the contract.
8.4 If the customer is a merchant, 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 the customer and us shall be Regensburg. In addition, we are entitled to sue the customer at his general place of jurisdiction.
Äonic GmbH | Prenzlauer Allee 200 | 10405 Berlin
Phone: +49 30 20 64 89 20| ... |
Managing Director Jörg Wichmann | VAT ID DE357755896