Imprint and General Terms and Conditions of Tradeluxe Watcheshandels GmbH, Schlossallee 8, 1140 Vienna for deliveries and services, particularly in the area of the internet.
§ 1 General, Scope of Application
(1) Tradeluxe Watcheshandels GmbH (hereinafter referred to as "Seller") engages in the trade of new and used goods of all kinds as part of its business activities. The following General Terms and Conditions (GTC) govern the contractual relationship between Tradeluxe Watcheshandels GmbH and consumers and entrepreneurs (hereinafter referred to as "Buyer") who use the internet offering of Tradeluxe Watcheshandels GmbH. The GTC apply to the use of the website www.tradeluxe.at as well as all subdomains belonging to this domain. The version valid at the time of the conclusion of the contract is decisive.
(2) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with Tradeluxe Watcheshandels GmbH without this being attributable to their commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or legally capable partnerships who enter into a business relationship with Tradeluxe Watcheshandels GmbH in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The offers from Tradeluxe Watcheshandels GmbH on the internet constitute a non-binding invitation to the buyer to purchase goods from Tradeluxe Watcheshandels GmbH.
(2) By placing an order for the desired item, the buyer submits a binding offer to conclude a purchase contract.
§ 3 Payment, Due Date
(1) For customers from EU countries, the sales prices announced on the website are gross sales prices and therefore include the legally applicable taxes, particularly the value-added tax of 20 percent or differential taxation, and are stated in EURO. All prices communicated verbally or in writing are non-binding. Errors and short-term price changes are reserved.
(2) For customers from countries outside the EU, the prices stated are net sales prices and are also stated in EURO.In the event that taxes or import duties are levied in the recipient country, these must be paid by the customer upon receipt of the goods.
(3) Payment for the goods can be made via bank transfer, cash payment, or credit card payment. We reserve the right to accept or exclude certain payment methods on a case-by-case basis.
(4) The seller is entitled to use the services of trusted third parties for payment processing and to pass on the personal data required for payment processing to the engaged third party. In the event of payment default, the seller is also entitled to assign their claim to a collection agency.In the event of involving third parties in the payment processing, the payment is considered made in relation to the seller only when the amount is available to the engaged third party without restrictions.
(5) The seller is entitled to refuse orders from customers who are known to be credit unworthy. The seller also reserves the right to reject inquiries and orders that do not meet the requirements set by the seller.
§ 4 Retention of Title
The purchased item remains the property of Tradeluxe Watcheshandels GmbH until full payment has been made. Prior to the transfer of ownership, pledging, security transfer, processing, or alteration without the express consent of Tradeluxe Watcheshandels GmbH is not permitted.
§ 5 Prices
The price indicated in the respective offer for the item being purchased is understood as the final price including any applicable value-added tax and other price components. The price includes delivery and shipping costs.
§ 6 Warranty / Liability
(1) For entrepreneurs, the warranty period is shortened to the shortest legally permissible period. An entrepreneur is obliged to notify the seller of any defects within a reasonable period. If no defect notification is made within this period, the entrepreneur loses all claims against the seller. Entrepreneurs must always prove that the defect was already present at the time of transfer of the item.
(2) For used goods, the seller provides a warranty for the defect-free condition of the sold watch for a duration of one year. The goods are free from defects if they are suitable for the intended use as stipulated in the contract, or otherwise if they are suitable for ordinary use and possess a quality that is customary for goods of the same type and quality. Excluded from this are accuracy of movement, water resistance, wear of the strap, and ordinary signs of wear (e.g., scratches on the strap, Case or similar).
(3) A warranty of two years is provided for new goods.
(4) The seller is not liable for errors caused by the customer or third parties. This also applies to ordinary signs of wear.In the event of a defect, the customer may demand the rectification of the defect. If the rectification fails, the customer may request the return of the goods in exchange for a refund of the agreed price or a reduction of the purchase price.
(5) The customer loses all warranty claims at the moment they or a third party attempts to repair the watch or goods independently. The removal of markings, stickers, and other identification labels on the goods also results in the loss of all warranty claims.
(6) The seller's liability for slight negligence is excluded. Entrepreneurs must prove the existence of intent and gross negligence. The seller's liability for lost profits, pure financial losses, and/or consequential damages is completely excluded for entrepreneurs, and for consumers as defined in § 1 KSchG in cases of slight negligence, unless mandatory legal provisions oppose this.
(7) The seller is not liable for the content of transmitted data or for the content of data that is made accessible to the customer through its services. The seller does not guarantee the accuracy of all information, drawings, illustrations, weight, measurement, or other performance descriptions made on the website www.tradeluxe.at.
(8) The seller also assumes no liability in the event that the operation of the website is not continuously or error-free available.
§ 7 Jurisdiction
All disputes arising from this legal relationship are subject to Austrian law. The competent court in terms of subject matter and location is agreed to be the District Court of Innere Stadt Vienna.