Terms and Conditions

Custom Watch Concepts – Thomas Preik

1. Scope of Application

1. These Terms and Conditions apply to all contracts for the sale and delivery of goods concluded via the online shop operated by Thomas Preik, trading as “Custom Watch Concepts”.

2. The offer is directed at consumers as well as business customers. Any terms and conditions of the customer that differ from or conflict with these Terms shall not apply unless expressly agreed in writing.

3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A business customer is any natural or legal person acting in the exercise of their commercial or independent professional activity.

2. Conclusion of Contract

1. Product descriptions presented in the online shop do not constitute legally binding offers but serve as an invitation to submit an order.

2. By completing the online order process, the customer submits a binding offer to purchase the selected goods.

3. The contract is concluded upon acceptance of the order by the seller. Acceptance may occur by:

   • sending an order confirmation by email,

   • dispatching the goods, or

   • requesting payment from the customer.

4. The contract text is stored after conclusion and transmitted to the customer electronically. If the customer has created an account, order details can be accessed there.

5. The contract language is English. Order processing is carried out electronically.

3. Right of Withdrawal

1. Consumers are generally entitled to a statutory right of withdrawal.

2. Detailed information regarding the right of withdrawal, including deadlines and exceptions, is provided in the separate Withdrawal Policy made available during the ordering process.

4. Prices and Payment Terms

1. All prices are final prices and include statutory value added tax, unless stated otherwise.

2. Shipping costs are shown separately and are borne by the customer.

3. For deliveries outside the European Union, additional charges such as customs duties, taxes or bank fees may apply. These costs are the responsibility of the customer.

4. The available payment methods are displayed in the online shop. Unless otherwise agreed, payment is due immediately after conclusion of the contract.

5. If third-party payment service providers are used, their respective terms and conditions apply in addition.

5. Delivery and Shipping

1. Delivery is made to the shipping address provided by the customer within the delivery area specified by the seller.

2. Delivery times depend on the product and are indicated in the product description.

3. If delivery fails for reasons attributable to the customer, the customer shall bear the resulting additional costs.

4. In the case of business customers, the risk of accidental loss or deterioration passes to the customer upon handover to the shipping service provider. For consumers, risk passes upon delivery of the goods.

5. Collection of goods in person is not available.

6. Retention of Title

The goods remain the property of the seller until full payment of the purchase price has been received.

7. Warranty and Defects

1. Statutory warranty rights apply.

2. For business customers:

   • The seller may choose the method of subsequent performance.

   • The limitation period for defects is one year from delivery.

   • Warranty claims for used goods are excluded, except in cases of intent or fraudulent concealment.

3. The above limitations do not apply in cases of:

   • injury to life, body or health,

   • intent or gross negligence,

   • mandatory statutory liability.

4. Business customers are subject to inspection and notification obligations pursuant to applicable commercial law.

8. Liability

The seller shall be fully liable for intent and gross negligence as well as for breaches of essential contractual obligations. In cases of slight negligence, liability is limited to foreseeable damages typical for the contract.

9. Governing Law

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory provisions of the law of their country of residence remain unaffected.

10. Alternative Dispute Resolution

1. The European Commission provides an online dispute resolution platform:
   https://ec.europa.eu/consumers/odr

2. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.