General Terms and Conditions
The following General Terms and Conditions apply exclusively to the ordering and delivery of goods that the customer [private end user] orders on the Internet via online shopping. By placing an order, these General Terms and Conditions are accepted.
1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with BOLK e-commerce GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
We accept your offer within two days by
- submitting a declaration of acceptance in a separate email or
- if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).
The alternative that is relevant to you depends on which of the events listed occurs first.
3. Contract language, storage of the contract text
The language(s) available for concluding the contract: German, English, French, Spanish, Italian
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Subject matter of the contract
4.1 Product description
Please note that the respective product description is an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
5. Delivery conditions
Delivery options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking them up from BOLK e-commerce GmbH, Rathausplatz 3, 52152 Simmerath, Germany during the following business hours: 9 a.m. - 4 p.m.
6. Payment
The following payment methods are generally available in our shop.
Prepayment
If you select the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on collection
You pay the invoice amount in cash on collection.
Credit card
You enter your credit card details during the ordering process.
Your card will be charged immediately after the order is placed.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after the order has been placed.
Amazon Pay can offer registered Amazon Pay customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Amazon Pay. You can find more information about this in your Amazon Pay account.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and during the ordering process.
Purchase on account via Klarna
The invoice amount is due after the goods have been dispatched and the invoice has been received.
Klarna can offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Klarna. You can find further information on this in your Klarna account.
Klarna credit card
During the ordering process, you enter your credit card details. Your card will be charged by Klarna immediately after the order has been placed. There is no address or credit check.
Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the debit (so-called prenotification). The account is debited after the goods have been dispatched.
Purchase by installments via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.
Klarna can offer registered Klarna customers selected according to its own criteria additional payment methods in the customer account (e.g. interest-free installment plans). However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with Klarna. You can find more information about this in your Klarna account
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal can offer registered PayPal customers who have selected it according to its own criteria additional payment methods in their customer account. However, we have no influence on the offering of these methods; other individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after the order is placed. You will receive further information during the ordering process.
7. Right of withdrawal
You have the statutory right of withdrawal as described in the cancellation policy.
8. Retention of title
The product remains our property until full payment has been made.
The following applies in addition to entrepreneurs: We retain title to the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
10. Warranty and guarantees
10.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
Towards For entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The statutory limitation periods for the recourse claim according to Section 445a of the German Civil Code remain unaffected.
Note for merchants
The obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code applies to merchants. If you fail to give the notification regulated there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
10.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product and on special information pages in the online shop.
11. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. Consumers have the option of using this platform to resolve their disputes.
In order to resolve disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The Federal Universal Arbitration Board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/ is responsible. We will participate in a dispute settlement procedure before this body.
13. Cancellation policy
Right of withdrawal
You have the right to revoke this contract within thirty days without giving reasons. The withdrawal period shall be thirty days from the date on which you or a third party other than the carrier designated by you have taken or have taken possession of the last goods. To exercise your right of cancellation you must inform us BOLK e-commerce GmbH, Rathausplatz 3, D-52152 Simmerath, Tel: +49-(0)2473-92710-0, Fax: +49-(0)2473-92710-0, E-mail: info@timeshop24.de by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to cancel this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our web site https://www.timeshop24.com/revocation/index If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than thirty days from the date we receive notice of your revocation of this Agreement. For this refund we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within thirty days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of thirty days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods that is not necessary to inspect their condition, properties and functionality.
End of the revocation instruction
14. 30-day low price guarantee
If the buyer finds an identical product at another German specialist dealer authorized by the brand owner at a cheaper price (including all additional costs such as postage and packaging) within a period of up to 30 days after ordering, and this product is immediately available from the dealer's warehouse, the customer is entitled to a refund of the price difference.
15. Note on battery disposal
In connection with the sale of batteries or the delivery of devices that contain batteries, we are obliged to inform you of the following:
As an end user, you are legally obliged to return used batteries. You can return old batteries that we have or have had in our range as new batteries after use to a municipal collection point, to local retailers or to our shipping warehouse (BOLK e-commerce GmbH, Rathausplatz 3, 52152 Simmerath) free of charge.
The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be thrown in the household waste.
The other symbols shown provide information about the chemical meaning of the pollutants contained:
- Pb = battery contains more than 0.004 percent lead by weight
- Cd = battery contains more than 0.002 percent by weight
- Cadmium Hg = battery contains more than 0.0005 percent mercury by weight.
16. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.