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Terms & Conditions

General Terms and Conditions of the H2O watch GmbH            Stand 08.04.2014

§ 1     General / Formation of Contract
The order signed by the customer is a definite offer which can be accepted within two weeks by sending an acknowledgement of order or by delivering the goods ordered.

§ 2    Documents
The customer is obliged to regard all commercial and technical details concerning the order as business secret and to handle them strictly confidential. The documents which we let the customer have, for example samples, drawings, models, data etc. are not allowed to be given to unauthorized third parties or to be made accessible differently.

§ 3     Price, Payment und Advance Payment
§ 3.1    Payment
Our orders/invoices are payable immediately before delivery of the merchandize without deductions by credit card, Paypal or bank transfer. Customers from NON-EU countries pay the invoice amount in US-Dollar or Euro without 19% sales tax and EU-customer in Euro incl. additional 19% sales tax. The goods remain our property until receipt of final payment.
Payments from various countries are only accepted as bank transfer. Please contact H2O for further information about your country.
Unless otherwise agreed the payment of the purchase price is due immediately after completion of contract, unless other arrangements have been made.

§ 3.2     Pre-Order and Advance Payment
H2O will introduce new watch series in time limited pre-order phase. Reservations and advance payment during the pre-order phase are non-returnable and non-transferable. In case of impossibility of production and delivery, at H2O discretion, the pre-order advance payment will be paid back. The remaining balance between total price and partial advance payment must be paid 5-6 weeks before the watch will be delivered.

§ 3.3     Price
H2O reserves the right to change the prizes without prior notice The prices stated shall be final prices, i.e. they contain the statutory Value Added Tax applicable at the time and other integral parts of prices plus dispatch costs, as can be seen from the order process.

§ 3.4     Taxes, Fees and Customs Duties
The customer is responsible for the proper payment of the necessary duties and other charges in the importing country solely responsible.

§ 4     Delivery, Dispatch and Risk Transfer
§ 4.1    Delivery
Individual, accordingly to customer order build watches will be delivered within 20 working days after receipt of the full payment. Partial deliveries by us are permitted provided this is reasonable for the buyer.

§ 4.2    Dispatch
The mode of dispatch, the dispatch route and company commissioned with the dispatch are determined by us according to our best judgement unless the ordering party provides explicit instructions.

§ 4.3     Passing of Risk
Where goods are sold to consumers (Verbrauchsgueterkauf) the risk in the goods passes to the buyer as soon as the goods are handed from the transport agent to the buyer. In case the transport packaging and the products contained therein have obvious defects when delivery is effected, the buyer must notify this to the transport agent and H2O within three working days. Otherwise the buyer's claims based on such damage can be rejected on principles of good faith.

§ 4.4     Delivery Address
Watches and accessories are delivery with UPS, Fedex or DHL. We deliver without any exception only to confirmed Paypal addresses. Every shipment needs signature on delivery. Tracking numbers will be informed upon request. Please contact us under contact@h2o-watch.com with notice of your order ID.

§ 4.5     Refusal of acceptance
If a customer who is not a user as defined in. § 13 of the BGB does not accept the goods, we are entitled to choose between insisting on acceptance or requiring payment of 10% of the purchase price as a flat compensation for the damage and costs involved, unless the customer can show that no costs or only minor costs arose.

§ 5    Reservation of title
§ 5.1     We reserve title in the goods sold until full payment of all claims including secondary claims (e.g.: costs incurred through the exchange of currency, financing, interest rates etc.). In cases where the buyer is in breach of contract, we are entitled to demand the return of the goods sold. Neither the taking back of any reserved goods nor their being given as security (garnishment) shall be considered a rescission of the agreement.

§ 5.2    As long as ownership has not transferred, the purchaser must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties.

§ 6    Revocation instruction
§ 6.1    Right of revocation
Provided that you are a consumer covered under the terms of §13 BGB, you can revoke your contract within 14 days without indicating specific reasons in writing (ex. Letter, Fax, E-mail) or ? if the merchandise arrives before the deadline ? by returning the items. The revocation period begins after the receipt of this notification in writing, but not before the receipt of merchandise by the consignee (in the case of recurring shipments of similar goods, not prior to the arrival of the first partial delivery) and also not before our duty to furnish information under Article 246 § 2 in conjunction with § 1, paragraph 1 and 2 EGBGB; as well as our obligations in accordance with §312e, paragraph 1, line 1 BGB in conjunction with Article 246 § 3 EGBGB is fulfilled. The revocation time period is sufficient for the mailing of the revocation statement or the merchandise. The revocation should be mailed to:
H2O Watch, Neubauer Heide 23, 27367 Sottrum,
Email: contact@h2o-watch.com, Fax. +49(0)4264-836794.

§ 6.2    Right of revocation for individually manufactured/assembled products
The right of revocation does not apply accordingly to § 312 d Abs. 4 Nr. 1 BGB for custom-made products and customer specification goods. (e.g. product manufactured or assembled accordingly to customer order or specification, individually manufactured products and accessories).

§ 6.3    Consequences of revocation
In the event of a revocation, all mutually received performances are to be returned and, if applicable, emoluments taken (ex. interest). If you return all or partially all the merchandise, or in deteriorated condition, you must, if applicable, compensate for the difference. This does not apply if the deterioration is due to the examination of merchandise - for an instance in a retail stores - then are returned. Incidentally, you could avoid the responsibility to pay compensation for the lost value according to the terms of the contract from the items that accrued depreciation by assuming the items as your property and omitting everything which could reduce their quality. Parcels are to be returned at our own risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros, or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. Otherwise, the return shipment for you is free of charge. All non-parcel items must be collected by yourself. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. Your deadline begins with the sending of your revocation statement or with the receipt of arrival of your merchandise.

§ 7    Warranty / Disclaimer    
§ 7.1     Warranty
The Supplier's warranty shall be in accordance with the statutory provisions, unless otherwise provided in the following paragraphs. The international warranty is limited to 12 months. The warranty is not transferable. Liability for normal wear and tear is excluded. For used goods the warranty period shall be twelve months from the date of delivery.

§ 7.2     Disclaimer
No warranty is given for defects which were caused by the buyer´s faulty or improper use, his disregard for instructions or were due to incorrect or improper treatment of the goods.
Excluded from warranty are defects and damage caused by careless or improper handling or use of the goods by the Buyer:
* normal wear and tear and aging (e.g. scratched crystal; alteration of the colour and/or material of non metallic straps and chains, such as leather, textile, rubber; peeling of the plating)
* Any damage on any part of the watch resulting from abnormal/abusive use, lack of care, negligence, accidents (knocks, dents, crushing, broken crystal, etc.), incorrect use of the watch and non-observance of the use directions provided by H2O watch GmbH
* indirect or consequential damages of any kind resulting from e.g. the use, the non-functioning, the defects or the inaccuracy of the H2O watch
* the H2O watch handled by non-authorized persons

§ 7.3    Unauthorized Repairs
The warranty lapses if the buyer or any third party attempts to repair the goods or in any other way tampers with them, without H2O´s prior written consent and provided the defect which occurred was caused by this unauthorised tampering.

§ 7.4    Notification of Defects
Apparent defects must be notified in writing no later than 3 days after the goods are received by the buyer and in doing so the timely posting of the goods is sufficient to be within the limit; otherwise all claims shall be excluded. When dealing with merchants §377 HGB (German Commercial Code) applies additionally.

§ 7.5     Correction of Defects
Where the customer makes a claim based on statutory warranty the customer is entitled to have the defect repaired or, alternatively, he may request the delivery of a defect free product (supplementary performance). Where the mode of supplementary performance chosen by the buyer leads to disproportionately high costs, the buyer's rights shall be limited to the other alternative. Where a product is replaced, an exchange into a more valuable product with comparable features is agreed to in advance, provided this is reasonable for the consumer (e.g.: exchange into a subsequent model, same model series, etc.). Further going rights, particularly rescission of the agreement, may only be exercised after the expiry of an appropriate time limit for supplementary performance or after supplementary performance has failed twice.

§ 7.6    
The making of a warranty claim does not restart or interrupt the warranty period; §203 BGB remains unaffected.

§ 7.7     Further Claims
With the exception of liability for death and personal injury any further going claims - no matter on what legal grounds - are excluded, provided nothing else has been specifically agreed. Hence we are not liable for damage which does not occur on the product itself; in particular we shall not be liable for any consequential loss or lost profit of the buyer. The above exclusion of liability does not apply provided the damage was based on intent, gross negligence or the missing of a guaranteed characteristic, breach of essential contractual obligations, delay, impossibility of performance, as well as claims further to §§1,4 of the German Product Liability Law (Produkthaftungsgesetz). We are not liable for the loss of data by the client provided we did not cause this intentionally or grossly negligently and the buyer made sure that all data was properly secured, so that they can be reconstructed with reasonable effort.

§ 8     Return Policy
Our goal is that each customer is satisfied with us, our products and our service. On the rare occasions that servicing is required, please contact us within three days after receipts of the product to get the required RMA number prior before returning the product. The product must be returned within 7 days after receipt of the RMA number. The returned product must be in an unopened, resaleable condition and must be returned in its original packaging incl. full package contents like straps, screw driver and all other included items together with the product itself. Please note that the customer has to bear the shipping charges. Return deliveries must be insured to the value of the product. Return shipments of watches and accessories could not be accepted if the watch has been worn, the straps have been sized, the packaging material has been removed. We can not refund the original and return shipping costs.

Restocking fee:
New, unworn watches are subject to a restocking fee of 20% of their total value. Watches, which were worn or the straps has been sized, are subject to a restocking fee of min. 30% of the total order value.
A customer individual watch are subject to an additional reassembling fee of 10% of the total order value.
If you have any further questions about this don´t hesitate to contact us under contact@h2o-watch.com.

§ 9    Place of performance

In all dealings with merchants and with legal entities further to public law the agreed place of jurisdiction for all disputes arising out of this agreement shall be Sottrum. We are also entitled to choose a different court where possible.
 
H2O watch GmbH
Neubauer Heide 23        EMail: contact [at] h2o-watch.com
D-27367 Sottrum             Fon: 04264-836795
Germany                            Fax: 04264-836794
Geschäftsführer:
Clemens Helberg
Handelsregister:
Amtsgericht Walsrode
HRB.-Nr. 202987
UStid-Nr.: DE276544016

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