Terms and Conditions
General terms and conditions of business
§1 Scope, customer information
(1) The following general terms and conditions (GTC) regulate the contractual relationship between Duci Watches e.K, Rudolfplatz 3, 50674 Cologne, Germany and the consumers and entrepreneurs who buy our goods in our online shop. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties do not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
§2 Conclusion of contract
(1) The object of purchase remains our property until full payment
§7 Delivery
(1) The delivery takes place within the delivery time specified for the respective item to the delivery address specified by the buyer.
(2) In the event of delays in delivery due to force majeure or operational disruptions, the delivery period is extended by the duration of the disruption, but by a maximum of three weeks.
(3) If the execution of the contract becomes unreasonable for one of the contracting parties due to the length of the delay, they can withdraw from the contract to that extent. Further claims of the contractual partner are excluded.
(4) Official interventions, strikes, energy or raw material difficulties, lockouts, accidents, operational disruptions or other events that make delivery significantly more difficult or impossible are also considered force majeure.
§8 Rights to Liability for Defects
(1) Rights to Liability for Defects. Statutory warranty rights exist for our goods.
(2) The goods are free of material defects if they have the agreed quality at the time of the transfer of risk (handover). The quality results from the respective item description and the corresponding product images. In the case of used goods, signs of wear and tear are part of the agreed quality.
(3) A material defect exists in particular if the functionality of the movement is affected.
(4) Reduction of the statute of limitations for used goods towards consumers With the conclusion of the purchase contract, it is agreed to reduce the statute of limitations for claims for defects in used goods to one year. Excluded from this agreement are claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the condition of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(5) Limitation of liability rights for defects (warranty) vis-à-vis entrepreneurs Your warranty claims due to defects in the purchased item expire one year after the transfer of risk.
(6) The warranty for the water resistance of the watches is excluded. According to DIN 8310, waterproofness is not a permanent property. It should be checked annually and before special loads, as the built-in sealing elements decrease in their function and in daily use. Influences such as strong temperature fluctuations, chlorine, soap or salt water have a negative effect on the waterproofness.
(7) Please avoid a common mistake: Never operate the watch's crown or chronograph underwater. No matter how high the tightness is specified.
(8) From the above regulation § 8 (5) and (6) except for the following claims
- for damages
- due to fraudulently concealed defects
- from any guarantee given
- to recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that have been used for a building in accordance with their normal use and have caused the building to be defective.
For these excluded claims, the statutory limitation periods apply. If there is a guarantee period, the longer period applies in favor of the buyer.
(9) If warranty rights are asserted, the customer must prove that the defect was already present at the time of the transfer of risk and was not caused by wear and tear or improper handling after the transfer of risk. Is the customer consumer and shows himself within one year of the transfer of risk , it is assumed that the item was already defective at the time of the transfer of risk, unless this assumption is incompatible with the type of goods or the defective condition
§9 Limitation of Liability
(1) We exclude liability for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damage from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to give you ownership of it. Furthermore, we have to provide you with the item free of material and legal defects.
§10 Final Provisions
(1) Changes or additions to these terms and conditions must be in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
(4) Insofar as the contract or these General Terms and Conditions contain loopholes, the legally effective regulations that the contractual partners would have agreed according to the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known of the loopholes shall be deemed to have been agreed to fill these loopholes.
§11 Consumer information: Non-participation in a dispute settlement procedure
(1) We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.