Terms & Condition
Table of contents
General Terms and Conditions and Customer Information
1) Scope
2) Conclusion of the contract
3) Right of withdrawal
4) Prices and terms of payment
5) Delivery and shipping conditions
6) Retention of title
7) Essential characteristics of the goods or services
8) Liability for defects
9) Limitation of liability
10) Applicable law
11) Alternative dispute resolution
12) Differential taxation according to § 24 UStG 1994
1) Scope
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts that you enter into with us as the seller (Times & Treasure e.U. - hereinafter referred to as "Seller"), for all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") enters into with the Seller.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor for his professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2) Conclusion of the contract
2.1 By posting an item on this website (www.timesandtreasure.com) as well as via advertisements on other websites, the seller makes a non-binding invitation to the potential customer to submit an offer. It is not binding to prevent watches being oversold by accident.
2.2 The customer can make an offer (order) via the online order form provided by the seller on www.timesandtreasure.com. For this purpose, the customer must first place the desired item in the virtual shopping cart on the mentioned website and then go through the ordering steps specified by the website. By clicking the button that concludes the ordering process, the customer submits a purchase offer. The acceptance of the customers purchase offer (the conclusion of the contract) is made by the seller by confirmation in writing (email). If the customer has not received an acceptance of his offer within 2 days, he is no longer bound to his offer (order). Any payments already made will be reimbursed immediately by the seller in this case.
2.3 The text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after conclusion of the contract together with these General Terms and Conditions and Customer Information. The Seller shall not make the text of the contract accessible beyond this.
2.4 Before bindingly placing the order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before binding submission of the order within the framework of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The English language is available for the conclusion of the contract.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's return policy.
4) Prices and terms of payment
4.1 The prices stated by the Seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs shall be stated separately in the respective product description and in the further order process.
4.2 Additional charges may apply for deliveries to countries outside the European Union for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions or payment provider (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 We reserve the right to make changes of any kind, but especially in product prices, before the conclusion of the contract. These changes may be caused by errors that have arisen or changed market situations.
4.4 The payment option(s) will be communicated to the Customer in the Seller's offer.
4.5 In case of payment by means of a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via Shopify International Limited, 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Irland - if the payment is made in the currencies US Dollar or Canadian Dollar – via Shopify Payments (USA) 251 Little Falls Drive, Wilmington, Delaware 19808. Shopify International Limited and Shopify Payments (USA) enables the customer to use various payment methods as part of the payment processing via Shopify Payments. For the processing of payments, Shopify International Limited may use the payment services of third parties. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or as part of the order processing. Further information on and the terms of use of Shopify Payments are available here: https://www.shopify.com/legal/terms-payments-us
4.6 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing is decisive.
Delivery shall be made to the delivery address specified by the customer within the delivery time specified for the respective item. Shipping usually takes 3 business days within Austria and at least 5 business days within Europe.
In the event of delays in delivery due to force majeure or operational disruptions, the delivery period shall be extended by the duration of the disruption, but by a maximum of three weeks. If the fulfilment of the contract becomes unreasonable for one of the contracting parties due to the duration of the delay, it may withdraw from the contract to this extent. Further claims by the contractual partner are excluded. Force majeure shall also include official interventions, strikes, energy or raw material difficulties, lockouts, accidents, operational disruptions or other events that make delivery significantly more difficult or impossible.
5.2 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. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's return policy shall apply to the costs of returning the goods.
5.3 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
6) Retention of title
The goods remain our property until full payment of the purchase price.
7) Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website. The pictures made for each product are an important part of the description.
8) Liability for defects
8.1 Statutory warranty rights exist for our goods.
8.2 The goods are free from material defects if they have the agreed condition at the time of transfer of risk (handover). The condition results from the respective item description and the corresponding product images. In the case of used goods, traces of use and wear and tear are part of the agreed quality.
8.3 A material defect exists in particular if the functionality of the movement is affected.
8.4 Shortening of the limitation period for used goods vis-à-vis consumers (private individuals – business to customer)
Upon conclusion of the purchase contract, it is agreed that the limitation period for claims for defects in used goods shall be reduced to one year (reversal of the burden of proof after six month – transfer of risk).
Excluded from this agreement are claims for damages, claims due to defects which we have fraudulently concealed, and claims arising from a guarantee which we may have assumed for the quality of the item. The statutory periods shall apply to these excluded claims. In the event of a warranty period, the longer period shall apply in favor of the warranty claimant.
8.5 Limitation of liability for defects (warranty) vis-à-vis entrepreneurs (business to business). Your warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. If the customer acts as an entrepreneur, the seller has the choice of the type of subsequent performance. Furthermore, the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
The above-mentioned limitations of liability and shortening of time limits for entrepreneurs (item 8.5) shall not apply to
-for claims for damages and reimbursement of expenses of the customer,
-for the case that the seller has fraudulently concealed the defect,
-for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
-for any existing obligation of the Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
8.6 The warranty on the waterproofness of the watches as well as drop damages are excluded. Vintage models are generally not waterproof. All our watches (unless otherwise stated in the offer description) are not waterproof. They are also not waterproof if "Waterproof" or similar wording is written on the case or dial.
Waterproofness is not a permanent property according to DIN 8310. It should be checked annually and before special loads, as the built-in sealing elements deteriorate in their function and in daily use. Influences such as strong temperature fluctuations, chlorine, soap or salt water have a negative effect on the water tightness.
Please avoid a common mistake: never operate the crown or chronograph of the watch under water. No matter how high the water resistance is indicated.
Independent opening of the watch by you or by a third party leads with immediate effect to the exclusion of any guarantee (if given) or warranty claims.
As "condition of the goods" only our own specifications are considered as agreed, but not official product descriptions of the owner under trademark law, advertising, public promotions and statements of the manufacturer. This applies in particular to waterproofness of the watches.
For mechanical movements described as "accurate", a deviation of +1 // -1 minutes per day (24h) is considered as agreed. Most of the sold watches show much better rates (usually +-35 seconds per 24h), but this can by no means be guaranteed or warranted - even if stated as instantaneous in the advertisement description. These values depend strongly on the position and wearing behavior of the buyer and the magnetism of the environment and can therefore vary.
8.7 The following claims are excluded from the above provisions 8.5 and 8.6
- for damages
- due to fraudulently concealed defects
- from a possibly given guarantee
- for recourse according to §§ 445a, 478 BGB (German Civil Code)
- due to defects in building materials and components which have been used for a building in accordance with their customary use and have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a warranty period, if any, the longer period shall apply in favor of the Buyer.
8.8 After the transfer of risk in the event that warranty rights are asserted, the customer shall prove that the defect already existed before the transfer of risk and was not caused by wear and tear or improper handling (water or drop damages). If the customer is a consumer and a defect becomes apparent within one year of the transfer of risk, it shall be presumed that the item was already defective at the time of the transfer of risk, unless this presumption is incompatible with the nature of the goods or the defective condition
8.9 If the Customer is acting as a private individual, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof as soon as possible. If the customer does not comply with this, this transport damage shall have no effect on his statutory or contractual claims for defects.
9) Limitation of liability
Insofar as material contractual obligations are affected, our liability shall be limited to the foreseeable damage typical for the contract in the event of slight negligence. Material contractual obligations are (a) obligations which arise from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract and (b) obligations which the contract imposes on us in order to achieve the purpose of the contract, (c) the fulfillment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
In the event of a breach of immaterial contractual obligations, liability shall also be excluded in the event of only slightly negligent breaches of obligations.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. We are therefore not liable for the constant or uninterrupted availability of the website and the service and goods offered there.
10) Applicable law
10.1 All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11.3 Severability clause: Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
12) Differential taxation according to § 24 UStG 1994
12.1 If our product description contains a reference to the differential taxation pursuant to § 24 UStG 1994, the product offered is a used item within the meaning of this statutory provision.
12.2 According to § 24 UStG 1994 the sales tax is not shown separately. Therefore, the price for the product already includes the sales tax, which is omitted due to the application of the differential taxation. This is only for sales inside the European Union. Outside the European Union the sales tax is not included.
12.3 The differential taxation shall apply if the sale of the used item by us takes place within the scope of our entrepreneurial activity. It is our responsibility to ensure that the requirements for the application of the margin scheme are met.
12.4 Please note that in the case of a purchase under application of the margin scheme, no separate input tax deduction is possible for the buyer.
