General terms and conditions

General terms and conditions

1. scope

The following General Terms and Conditions apply to all orders placed via our online store by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase contract is concluded with Maximilian Manz. 

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the "Buy" button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days.

3. contract language, contract text storage

The language available for the conclusion of the contract is German. We store the text of the contract and send you the order data in text form. The GTC can be viewed on our website. The contract text is no longer accessible via the Internet for security reasons.

4. payment

The delivery of the goods takes place against bank transfer, direct debit or cash. The choice of payment method is made after consultation with Maximilian Manz. Furthermore, another payment modality (advance payment, Paypal, etc.) can also be agreed upon after consultation. Payment shall not be deemed to have been made until the amount to be paid has been irrevocably credited to Maximilian Manz's account.

In the event of default in payment on the part of the Customer, Maximilian Manz shall be entitled to charge interest at a rate of up to 5 percentage points above the respective discount rate of the Deutsche Bundesbank or the key rate of the European Central Bank. Maximilian Manz expressly reserves the right to assert further damage caused by default.

5. prices, delivery conditions and shipping costs

All prices published verbally or in writing are non-binding. Errors and short-term price changes are always reserved. All prices are quoted in EURO.

All prices stated on the website of the provider are inclusive of the applicable statutory value added tax.

Our goods are subject to differential taxation. The VAT included in the purchase price is not shown separately in the invoice.

Unless otherwise agreed, we ship the ordered goods worldwide exclusively against a flat shipping fee for postage, packaging, shipping and insurance per shipment.

The amount of shipping costs depends on the shipping destination. The amount of shipping costs can be viewedhere . We ship our products worldwide. A pickup of the goods is possible. We do not deliver to packing stations.

In the case of cross-border delivery, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the buyer in individual cases.

6. right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. retention of title

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall 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%.

8. transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. warranty and guarantees

The statutory liability for defects shall apply.

In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory provision. The one-year warranty period shall not apply to damages culpably caused by the Seller resulting from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent on the part of the Seller as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.

Insofar as the purchaser is an entrepreneur, the following shall apply in deviation:

Only the Seller's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

The buyer is obliged to inspect the goods immediately and with due diligence for deviations in quality and quantity and to notify the seller in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery.

The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

In the event of defects, the Seller shall, at its discretion, provide warranty by rectification of the defect or replacement delivery. If the rectification of the defect fails twice, the Buyer may, at his option, demand a reduction in price or withdraw from the contract. In the event of rectification of defects, the Seller shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

The warranty period is one year from delivery of the goods.

Customer service: You can reach our customer service for questions, complaints and claims by e-mail: info@maxwatches.eu

10. retention or set-off

The Customer shall be entitled to withhold or set off partial amounts only if a counterclaim with which it is to be set off has been legally established or recognized in writing by Maximilian Manz.

11. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in case of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty
  • in the case of warranty promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on, due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, 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 (ODR): https://ec.europa.eu/consumers/odr/

We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. final provisions

The place of performance for all services arising from the business relations existing with the Seller as well as the place of jurisdiction shall be Rastatt, insofar as the Buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.

German law shall apply. If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.