General Conditions of Business 

General Terms and Conditions for the Onlineshop SHOP.TAWATEC.COM

1. General
Unless explicitly otherwise agreed upon, all offers, agreements and deliveries are made pursuant to the general terms and conditions of the online shop: www.shop.tawatec.com. Offers are only valid as long as they are published on our internet pages. All information is given without guarantee. In particular, no obligation is assumed for the completeness of the stated prices. We assume no liability for errors and printing mistakes; prices and products remain subject to change.

2. Offers
Our offers are subject to change and are not binding. The depictions of the products in the online-shop are not legally binding offers, but rather to be understood as a non-binding online-catalogue. We assume no liability for errors in images, descriptions, measurements or weights; construction remains subject to modification. The customer’s order placed on our internet pages or via e-mail, internet auction, post, fax or telephone is binding. Receipt of the order will be confirmed immediately after the order is sent. The contract becomes final with the delivery of the goods or the confirmation thereof.

3. Delivery
Goods are usually shipped within 1-2 working days after receipt of advance payment via Credit Card (Visa, Mastercard) Paypal or bank transfer. We will inform you, should there be delays in deliveries. Information given by the seller regarding delivery dates are non-binding and only represent non-binding estimates. Fixed date deliveries can not be guaranteed. If a deadline can not be met due to an act of God, strike, fire, machine failure, unforeseen hindrances or other circumstances not imputable to the seller, the delivery deadline will be extended for the duration of the event. The same applies if the seller defaults for late delivery. Shipping damages that the principal discovers after receipt of the goods are to be reported to the carrier or to us within 24 hours after receipt of said goods unless the sender has already been notified; otherwise, claims for compensation or replacements will no longer be possible.

4. Prices
All prices are ex warehouse as individual prices in euro and include the respective 19% value-added tax (VAT), hereinafter the “value of the goods”. The shipping costs and any COD charges are not included in the price and will be added to the order amount separately. The packaging is included in the price. There may be markups by customs for deliveries abroad. Customs duties are generally borne by the buyer.

Customers with a shipping address from outside the European Union are NOT subject to VAT. Due to German law we can not show prices exclusive VAT to public, but customers with a default shipping address from outside the European Union will see prices without VAT when logged into their customer account.

5. Payment
Advance payment (Credit Card, Paypal or bank transfer), COD payment is subject to fees (possible only within Germany). The payment terms on our internet pages, in offers or in the order confirmation apply exclusively. The customer may only offset with claims or exercise a right of retention based on claims that are uncontested and recognized by declaratory judgment.

6. Retention of Title
All delivered goods remain our property until payment of the purchase price is made in full. Accounts receivable from the resale of goods shall be assigned to us equivalent to the amount of the original invoice. In the event that the delivered goods or the property on which the goods are located are encumbered or are otherwise claimed by third parties (e.g. as a result of receivership or judicial sale), the buyer is obligated to notify said third parties of our property rights and to immediately notify us in writing and provide us with copies of the return of execution.

7. Right of Revocation
Within the EU you have the right to revoke the contract within a period of two weeks in written form (i.e. by letter, email, fax) without giving any reason.

The period starts soonest at the day after receiving this information, but not prior to the ingress of the goods at your place (in case of recurring goods and services of similar type not prior to the ingress of the partial performance) and also not before we have entirely fulfilled our legal obligations to inform you about your right of revocation.
 
The contract is revoked in time, if you send the goods within this time period. The declaration of revocation has to be addressed to:
 

TAWATEC AG
Rue de la Gabelle 10 B
2503 Bienne
Switzerland


Email: info@tawatec.com

(2)   Legal Consequences of Revocation
 
If you effectively exercised your right of revocation, both parties have to reimburse the performances and use (e.g. interest) where applicable.

You may have the obligation to pay compensation for the lost value, if you can not or not reimburse the received goods in total or only in a declined condition. This regulation also comprises those impairments, which are generated from the normal utilization of the goods.
Impairments generated by the examination of the goods – how it would have been possible in a retail shop – are excluded from this obligation.
 
We advise you, that you can avoid the obligation to pay compensation for the lost value, if you treat the goods like foreign property until the end of the period. You should omit anything that could affect the value of the goods and treat them as goods in a retail shop. In particular the wearing of shoes outside of the housing regularly leads to an obligation to pay compensation for the lost value.
 
The original watchbox has to be intact and undamaged in case of return, including all provided pieces complete and undamaged.
 
The customer within Germany must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed EUR 40,00 or, if the price of the item is higher, if at the time of cancellation he has not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to the customer within Germany.
 
The cost of the return of goods from outside Germany has to be covered by the customer in any case. Items, which cannot be sent by parcel post, will be collected from the customer.

9. Warranty and Guarantee
Statutory warranty is provided. Information on any additional manufacturers’ guarantees can be found in the product documentation.

10. Data Storage / Data Protection
We hereby notify our customers that we store and process your data – as far as is commercially necessary and admissible under the German Federal Data Protection Act. The data will not be passed on to third parties. We use your user data exclusively in processing your order. We store and process all customer data in accordance with the applicable provisions of the German Federal Data Protection Acts and the German Teleservices Data Protection Act. You have a right to free disclosure of your data as well as having it corrected, blocked or erased at any time. Please contact us at: info@tawatec.com send your questions via post or fax. We will not forward your personal data, including your house and e-mail address to third parties without your express consent which can be revoked at any time. Exception is made with regard to our service partners who require the transfer of data to process the orders (e.g. the carrier commissioned with the delivery and the credit institution commissioned with processing the payment). In these cases the extent of the data transferred will be kept to the minimum required. We employ technical and organizational security measures to protect our data from unintentional and intentional manipulation, loss, destruction or access by unauthorized persons. In our online-shop session identification numbers are stored in so-called session cookies which are used to save the content of your shopping basket. These cookies are deleted after leaving the shop or after closing your browser. You can set your browser to accept or block cookies from this site. Information on the contents of the shopping basket of registered customers will be saved in our database and can be retrieved at the next visit. If you would like to login at our shop or place an order, we will need your customer information. If you are already a customer at our shop, you can log on conveniently with your e-mail address and your personal password. The data recorded in the database eliminates the need to fill out the form.