Valid from 15.04.2023
1 Scope and provider
(1) These general terms and conditions (hereinafter “GTC”) apply to all consumers and entrepreneurs who place orders with the online shop of Holzspecht Engelmann GmbH.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
(3) With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.
- 2 Conclusion of a contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button “Confirm and Pay Order”, you are submitting a binding purchase offer.
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order. This order confirmation does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the order confirmation.
(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when we send the goods to you – without a prior express declaration of acceptance.
- 3 Contract language, contract text storage
(1) The languages available for the conclusion of the contract are German and English.
The contract text is not stored by us. However, these will be sent by mail.
- 4 Prices
(1) Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
(2) In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases 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 through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also apply in relation to the money transfer if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
- 5 Terms of payment; Default
(1) Payment can be made either: credit card, EPS, Giropay (via payment provider Stripe), SOFORT payment or PayPal.
(1.1) Credit card:
When you submit your order, you also provide us with your credit card details.
After your legitimation as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
(1.2) EPS (just in Austria):
After placing the order, you will be redirected to the website of the online provider EPS. In order to be able to pay the invoice amount via EPS, you will be forwarded to your online banking account via EPS. They legitimize and confirm the payment order using a PIN/TAN procedure. You will get more information during the ordering process.
(1.3) Giropay (just in Germany):
After placing the order, you will be redirected to the website of the online provider Giropay. In order to be able to pay the invoice amount via Giropay, you will be forwarded to your online banking account via EPS. They legitimize and confirm the payment order using a PIN/TAN procedure. You will get more information during the ordering process.
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will get more information during the ordering process.
(1.5) SOFORT payment:
After placing the order, you will be redirected to the website of the online provider “Klarna”. In order to be able to pay the invoice amount via SOFORT transfer, you must have an online banking account with PIN / TAN that has been activated for participation in SOFORT transferral, identify yourself accordingly and confirm the payment instruction to us. You will get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Klarna and your account will be debited.
(2) If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 3.50 for each reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
(3) In the event of default in payment by the customer Holzspecht Engelmann GmbH is entitled to demand compound interest from the day the goods are handed over to the customer.
- 6 Promotional vouchers and their redemption
(1) Promotional vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns with a specific period of validity.
(2) Promotional vouchers can only be redeemed within the specified period and only once as part of an order process. Individual brands may be excluded from the voucher campaign. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be linked to a minimum order value.
(3) The value of the goods must at least correspond to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
(4) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless we have agreed otherwise.
(5) If you used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods that you keep if – due to your revocation – the total value of the order falls below the respective value of the promotional voucher.
- 7 Gift Cards and their redemption
(1) Gift cards are vouchers that you can purchase. These can only be redeemed for the purchase of items on www.holzspecht.com, but not for the purchase of further gift cards. If the credit on a gift card is not sufficient for the order, the difference can be made up with the payment options offered.
(2) Gift cards and its credit can only be redeemed before completing the ordering process. The balance of a gift cards is neither paid out in cash nor does it earn interest.
- 8 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide. Delivery is usually within 7 days, but within a maximum of 30 days.
(2) The delivery takes place via DPD, Austrian Post, DHL or DHL Express.
(3) If the entrepreneur sends the goods, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier appointed by him. However, if the consumer himself has concluded the transport contract without using a selection option suggested by the entrepreneur, the risk is transferred to the carrier as soon as the goods are handed over. Unless otherwise agreed, the consumer acquires ownership of the goods at the same time as the transfer of risk.
(4) The goods remain our property until the purchase price has been paid in full.
(5) If you are an entrepreneur, the following also applies: – We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership into your possession, pledging or security transfer of the reserved goods is not permitted. – You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves. – When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. – We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
(6) Collection by the customer is not possible for logistical reasons.
- 9 Return policy – right of withdrawal
(1) Only the term “right of withdrawal” is used in the cancellation policy. Details about the revocation can be found on the page Right of withdrawal .
- 10 Voluntary right to exchange rings
(1) With your invoice, you can exchange rings for other rings (if available) within 30 days of receiving the rings. The new goods will be sent to you free of charge as soon as the originally ordered item has been sent to Holzspecht in undamaged condition and has arrived there.
(2) All costs relating to the return of the ordered goods to Holzspecht Engelmann GmbH are to be paid by the customer. Holzspecht assumes the costs for the new shipment to the customer.
(3) Holzspecht Engelmann GmbH voluntarily grants its customers the opportunity to exchange a ring once free of charge within the period specified for the exchange (e.g. rings of the wrong size). For each additional exchange, Holzspecht Engelmann GmbH charges 19.90 euros as a service fee in advance.
(4) Only products in their original condition can be exchanged with original packaging. Already used products are excluded from exchange.
- 11 Warranty
(1) The warranty is based on the statutory provisions, i.e. 24 months from receipt of goods. If an exchange or an improvement is not possible (too much effort, unreasonable, delayed time), the buyer is entitled to a price reduction or, if the defect is not minor, to the cancellation of the contract (conversion). Liability for consequential damage as well as other material and financial damage is excluded, unless it is a consumer transaction.
- 12 Batteries
(1) Holzspecht watches are shipped with battery. Batteries must not be disposed of with household waste. You are legally obligated to return used batteries so that proper disposal can be ensured. You can return used batteries to a municipal collection point or to your local retailer. As a distributor of batteries, we are also obligated to take back used batteries, although our take-back obligation is limited to used batteries of the type that we carry or have carried in our range as new batteries. Used batteries of the aforementioned type can therefore either be returned to us with sufficient postage: Holzspecht Engelmann GmbH, Treuenstein 4, 8160 Thannhausen, Austria
(2) Old batteries may contain pollutants or heavy metals that can harm the environment and health. Das Symbol der durchgekreuzten Mülltonne bedeutet, dass die Batterie nicht im Hausmüll entsorgt werden darf. Certain batteries containing harmful substances are also marked with the following signs under the dustbin symbol:
Pb: battery contains more than 0.004 mass percent lead
Cd: Battery contains more than 0.002 mass percent cadmium
Hg: battery contains more than 0.0005 mass percent mercury
- 13 Applicable law and place of jurisdiction
(1) Austrian law shall apply.
(2) All legal transactions between Holzspecht Engelmann GmbH and the customer shall be governed exclusively by Austrian law, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods, unless otherwise provided by mandatory law.
(3) Unless otherwise provided by law, the place of jurisdiction shall be the registered office of the online store.
- 14 Dispute resolution
(1) The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. Consumers have the opportunity to use this platform to settle their disputes.
(2) To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, the alternative dispute settlement procedure was created in accordance with the AStG law. The following alternative dispute resolution body has been set up in Austria to settle online disputes: Internet Ombudsmann (http://www.ombudsmann.at)