General Terms and Conditions
Validity, offering, conclusion of contract
1.1. For all deliveries and services of TT Trendtime GmbH, valid address Sophienstraße 5, 51149 Cologne, legally represented by the Managing Director Mr Volker Busse (“TT Trendtime GmbH”) for goods from the website www.vostwatch.com, the following conditions exclusively apply.
1.2. The presentation of goods from TT Trendtime GmbH and the granting of the possibility to place orders do not constitute a binding offer by TT Trendtime GmbH. The customer may select products from the TT Trendtime GmbH range and gather these in a basket using the “Add to basket” button. The customer may change and view the data at any time before sending the order. The order may, however, only be sent and transferred if the customer has accepted the “General Terms and Conditions and the Data Protection Declaration” by clicking the corresponding checkbox thereby incorporating this into the order. Only placing the order using the “Buy now” button represents a binding offer to TT Trendtime GmbH to conclude a purchasing contract. If the customer submits an order to TT Trendtime GmbH, an Email is sent to the address supplied by the customer, in which TT Trendtime GmbH confirms receipt of the order and specifies its details and order reference number (“order confirmation”). This order confirmation does not represent a confirmation of the customer’s offer, rather it only informs you that we have received your order. A purchase contract only comes into being if the ordered product is sent to the customer and the dispatch to the customer is confirmed through a second Email. The contract concluded between TT Trendtime GmbH and the customer refers only to the products confirmed in the delivery confirmation or delivered to the customer. If the customer’s order contains more products, these are not comprised by the order and there is no obligation to deliver these to the customer until the dispatch of the corresponding products is confirmed in a separate dispatch confirmation.
1.3 TT Trendtime GmbH may reject the customer’s order, in particular,
(a) if the product is not available;
(b) if your payment instruction was unauthorised or refused; or
(c) if the price or the product description contained an error.
Shipping costs, payment terms, delivery
2.1 We will cover the shipping costs for you.
2.2. All amounts quoted include value-added tax. The payment may be made by surname, instant transfer or using Visa, Mastercard or American Express, or PayPal.
2.3. The payment of the purchase price is due immediately on conclusion of the contract. If the due date of the payment is determined based on the calendar, the customer is deemed to be in arrears if payment is not completed by this date. In this case, TT Trendtime GmbH reserves the right to charge the customer interest on arrears at the legally applicable amount. The obligation to pay interest on arrears does not exclude the assertion of other damages caused by delay on the part of TT Trendtime GmbH.
2.4. The website of TT Trendtime GmbH contains a large number of products and it can happen at any time that despite all efforts some of the products named on the website possibly display a wrong price. TT Trendtime GmbH normally inspects the prices as part of our dispatch procedure, so that in cases in which the correct price of a product is lower than the price displayed on the website, the customer will be charged the lower price on dispatch. If the correct price of a product is higher than that displayed on the website, TT Trendtime GmbH will, at its own discretion, usually contact the customer in order to agree the subsequent procedure by mutual consent. TT Trendtime GmbH reserves the right however, to reject the order without any further contact. The customer will be informed immediately of the order rejection.
2.5. TT Trendtime GmbH is authorised to carry out partial deliveries if this is reasonable to the customer.
3.1. TT Trendtime GmbH takes responsibility for deficiencies within the scope of the legal provisions. The customer is, however, only entitled to claims for damages and the reimbursement of expenses due to deficiencies if the liability of TT Trendtime GmbH is not excluded or limited in accordance with clause 5.
3.2. We do not accept any responsibility for an error or defect which occurred due to an improper repair by a service partner who is not authorised by us.
3.3. The guarantee period amounts to two years from delivery, if you are a consumer, otherwise twelve months after delivery.
3.4. The following applies with respect to company operators only: You must carefully inspect the goods immediately upon receipt. The delivered goods are considered to have been approved by you if we are not informed of a deficiency (i) in the case of an obvious deficiency within five working days of delivery or (ii) otherwise within five working days after discovery of the deficiency.
4.1. Within the scope of validity of this contract if a legal or contractual liability exists, TT Trendtime GmbH is liable for the repair of damages or for compensation for expenses occurred in vain which were caused by TT Trendtime GmbH, its legal representative or agent in the case of intent and gross negligence. In the event of infringement of a core performance obligation or an ancillary obligation due to slight negligence, whose infringement threatens the achievement of the contractual purpose or whose fulfilment enables the orderly execution of the contract in the first place and in the upholding of which the customer should be able to trust (hereinafter “essential secondary obligation”), the liability of TT Trendtime GmbH is limited to contractually-typical damages which were foreseeable at the time when the contract was concluded. TT Trendtime GmbH is not liable for the slightly negligent infringement on contractual secondary obligations which are not among the essential secondary obligations.
4.2. This shall not affect claims due to the culpable cause of physical or health damages or death in accordance with the Product Liability Law due to the fraudulent misrepresentation based on a warranty accepted by TT Trendtime GmbH for the nature of the purchased item or for a procurement risk taken on by TT Trendtime GmbH.
4.3. The limitation of liability extends to the personal liability of the legal representative and agent of TT Trendtime GmbH.
4.4. The website of TT Trendtime GmbH may contain links to third-party websites. TT Trendtime GmbH does not accept any liability or responsibility for the contents of these websites. Insofar as products may be acquired via these websites, all claims (e.g. guarantee claims) must be asserted in relation to the respective supplier of the products only. A liability of TT Trendtime GmbH for the contents of the websites or for products offered via these websites does not exist.
Right to cancel
The customer has the right to cancel this contract within 14 days without stating reasons. The cancellation period is fourteen days starting from the day on which the customer or a third party nominated by the customer who is not the carrier took the goods into his possession.
In order to exercise the right to cancel, the customer must inform TT Trendtime GmbH (TT Trendtime GmbH, Sophienstraße 5, 51149 Cologne, Phone: +49 2203/92846-0 Fax: +49 2203/92846-29, Email: email@example.com) by means of a clear declaration (e.g. a letter sent via post or by phone, fax or Email) of his decision to cancel this contract. The customer may use the attached sample cancellation form which is however not mandatory.
For the cancellation period to be upheld, it is sufficient that the customer dispatches the notification of exercising the right to cancel before expiry of the cancellation period or declares the cancellation by phone.
Consequences of cancellation:
If the customer cancels this contract, TT Trendtime GmbH must reimburse to the customer all payments which TT Trendtime GmbH received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer chose a type of delivery other than the inexpensive standard delivery offered by TT Trendtime GmbH), immediately and at the latest within fourteen days from the day on which the notification of his cancellation of this contract was received at TT Trendtime GmbH. For this repayment, TT Trendtime GmbH uses the same means of payment which the customer used in the original transaction, unless something different was expressly agreed with the customer; under no circumstances will the customer be charged for this reimbursement. TT Trendtime GmbH may refuse to carry out the reimbursement until TT Trendtime GmbH has received the goods back or until the customer has provided notification that he has sent the goods back, depending which of these happens first.
The customer must return or transfer the goods to TT Trendtime GmbH, Sophienstraße 5, 51149 Cologne immediately and in all cases within no more than fourteen days of the day on which TT Trendtime GmbH informs of the cancellation of its contract. The period is upheld if the customer dispatches the goods before expiry of the fourteen-day period.
The customer bears the direct costs of the return delivery of the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is a result of a handling of the goods which was necessary to carry out an inspection of their nature, features and functioning.
NOTE: E X C L U S I O N of right to cancellation
In accordance with § 312g Para. 2 of the German Civil Code (BGB), in the case of distance selling contracts, goods which are not prefabricated or for the manufacture of which an individual selection or specification by the customer is definitive or which are clearly customised to the customer’s personal needs, sealed audio or video recordings or computer software insofar as the seal was removed after the delivery, as well as papers, journals or pictorials with the exception of subscription contracts are, in particular, excluded from the right to cancellation.
The right to cancellation does not apply if the customer is a company operator in accordance with § 14 of the German Civil Code (BGB), i.e. a natural or legal person or a private company with legal capacity which is exercising its commercial or independent occupational activity on concluding the legal transaction.
Please use the return sticker included in each delivery when returning goods.
Risk and ownership
6.1. Until the complete settlement of all claims from the purchase agreement existing against the customer, the delivered goods remain property of TT Trendtime GmbH. As long as this retention of title exists, the customer may not resell the goods nor take possession of the goods, in particular, the customer may not contractually grant third parties any rights of use to the goods.
6.2. If the customer is a consumer, the risk of the accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time when the goods are delivered to the customer or the customer defaults in accepting the goods. In all other cases, the risk is transferred to the customer on transfer of the goods to the customer’s forwarding company.
Property rights, data protection, creditworthiness assessment
7.1 All logos, photographs and other images on the website or in the online catalogue are protected under brand name or copyright law. Any use without the permission of TT Trendtime GmbH, especially the unauthorised download of images is prohibited and will be prosecuted under civil or criminal law.
7.2 The upholding of the applicable data protection provisions is a matter of course for TT Trendtime GmbH. TT Trendtime GmbH uses the data within the scope of the legal provisions, e.g. for executing the contract or to inform the customer of goods or services of TT Trendtime GmbH which are similar to the goods or services he has ordered. The customer may refuse a utilisation or transfer of his data for marketing or market research purposes on the part of TT Trendtime GmbH at any time. TT Trendtime GmbH informs the customer of this right to refuse on each occasion when it speaks to him for commercial purposes. TT Trendtime GmbH exchanges address and creditworthiness data with credit service providers to assess creditworthiness in justified cases. TT Trendtime GmbH provides notification regarding other usage purposes as applicable at the time of data gathering. If the customer wishes to refuse the use of his details for marketing purposes outright, he may do so by sending a letter to: TT Trendtime GmbH, Sophienstraße 5, 51149 Cologne, Email: firstname.lastname@example.org. The data protection declaration applies.
Note regarding the Battery Law
Batteries are used in some products sold by TT Trendtime GmbH. Batteries may not be disposed of in household waste. End-consumers are legally obligated to return all used batteries, e.g. at the public collection points or where batteries are sold. Batteries are labelled with a crossed-out rubbish bin and one of the chemical symbols:
Cd (= battery contains cadmium)
Hg (= battery contains mercury)
Pb (= battery contains lead)
. The customer may return used batteries free of charge using the following address: TT Trendtime GmbH, Sophienstraße 5, 51149 Cologne.
Transfer of rights and obligations
9.1. The customer may not transfer, relinquish or encumber the contract or rights or obligations from the contract without the prior written agreement of TT Trendtime GmbH.
9.2. TT Trendtime GmbH may not transfer, relinquish or encumber the contract or rights or obligations arising from it at any time. TT Trendtime GmbH may appoint subcontractors to execute the contract.
Alternative settlement of disputes in accordance with the law on dispute resolution for consumers
TT Trendtime GmbH indicates that TT Trendtime GmbH is neither prepared nor obligated to take part in dispute resolution proceedings before a consumer arbitration board.
ie TT Trendtime GmbH nicht bereit und nicht verpflichtet ist, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.
Place of fulfilment, court of jurisdiction
If the customer is a businessperson as defined by the German Commercial Code (HGB), a legal person under public law or a special asset under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship as well as the place of fulfilment for payment, delivery and performance is the headquarters of TT Trendtime GmbH in Cologne. This also applies even if the customer has no general court of jurisdiction in Germany or if he transfers his abode or main residence to a place outside of Germany following conclusion of the contract or if his abode or main residence is not known at the time when the claim is asserted. TT Trendtime GmbH is authorised, however, to assert a claim at the customer’s headquarters also.
Applicable law, ancillary provisions
12.1. The contract concluded between the customer and TT Trendtime GmbH is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the conflict-of-law rule and the UN Convention on Contracts for the International Sale of Goods.
12.2. If you are a businessperson as defined by § 1 Para. 1 of the German Commercial Code (HGB), a legal person under public law or a special asset under public law, the courts in Cologne are exclusively responsible for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, TT Trendtime GmbH or the customer may press charges before any court responsible under law.
12.3. There are no ancillary provisions.
Status: May 2017