AGB

General Terms and Conditions with Customer Information Table of Contents

  1. Scope of application
    Conclusion of contract
    Trial purchase
    Right of withdrawal
    Prices and payment conditions
    Delivery and shipping conditions
    Retention of title
    Liability for defects (warranty)
    Applicable law
    Alternative dispute resolution
    1) Scope of application

    1.1 These general terms and conditions (hereinafter "GTC") of Amandeep Singh, trading under "Berlin clock" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

    1.2 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

    1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

    2) Conclusion of contract

    2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

    2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

    2.3 The seller can accept the customer's offer within five days,

    by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
    by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
    by requesting payment from the customer after placing the order.

    If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

    2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

    2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he or she also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

    2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.

2.7 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the order process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Trial purchase

3.1 If the "order for inspection" option is selected (trial purchase), the contract is concluded on the condition that the customer approves the ordered goods within a period of fourteen days by means of an express declaration (e.g. a letter sent by post, fax or email) to the seller or that the customer does not reject the goods already delivered within a period of fourteen days by means of an express declaration (e.g. a letter sent by post, fax or email) to the seller. The approval period begins on the day after the customer receives the goods.

3.2 During the approval period, the customer is entitled to check the quality, properties and functionality of the goods delivered to him and to store them for these purposes. The customer must handle the goods carefully with regard to a possible obligation to return them. If the customer uses the goods in a way that is not necessary to check their quality, properties and functionality, he must pay for any loss in value of the goods.

3.3 If the customer declares his approval of the goods within the approval period or does not reject the goods within the approval period, he is obliged to pay the seller the agreed purchase price. In this case, the buyer must transfer the agreed purchase price to the seller's bank account immediately, but no later than within seven days, unless otherwise agreed. The payment period begins on the day after the customer's declaration of approval or - if no express approval is given - on the day after the approval period has expired. The timely receipt of payment in the seller's bank account is decisive for compliance with the deadline.

3.4 If the customer declares that he rejects the goods within the approval period, he must return the goods to the seller at his own expense within seven days, unless otherwise agreed. The period for returning the goods begins on the day after the customer declares that he rejects the goods. To meet the deadline, it is sufficient for the customer to send the goods on time. The customer must use suitable transport packaging to avoid transport damage.

3.5 If the customer culpably violates his duty of care and/or return, he is obliged to compensate the seller for any damage resulting from this.

3.6 The customer's statutory right of withdrawal is not affected by the aforementioned provisions.

4) Right of withdrawal

4.1 Consumers are generally entitled to a right of withdrawal.

4.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

5) Prices and payment terms

5.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

5.2 The payment option(s) will be communicated to the customer in the seller's online shop.

5.3 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

6) Delivery and shipping conditions

6.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

6.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of sending the goods if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.

6.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

6.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

6.5 Self-collection is not possible for logistical reasons.

7) Retention of title

If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

for new goods, the limitation period for defects is one year from delivery of the goods;

for used goods, rights and claims due to defects are excluded;

the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.2 The liability limitations and deadline reductions regulated above do not apply

to the customer's claims for damages and reimbursement of expenses,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

8.5 If the customer acts as a consumer, he is asked to complain to the deliverer about goods that have been delivered and that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

10.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.