1 – Subject matter and description of services
1.1 These Terms and Conditions apply to the free use of our online shop (hereinafter referred to as “Online Shop”) and to all agreements concluded with you as our customer (hereinafter referred to as “Customer” or “Purchaser”) via our Online Shop. The Terms and Conditions apply to entrepreneurs as defined in Section 14 of the American Civil Code (ACC) (“Entrepreneur”) as well as to consumers as defined in Section 13 CSM(“Consumer”). These Terms and Conditions do not apply to purchase contracts concluded on-site at a retail store of DEAL WATCHES.
1.2 If Customer is ordinarily resident in the United States (according to the invoice address), the contract is concluded between the Customer and
MARKET 104, LLC dba DEAL WATCHES
2919 26th St W Bradenton, FL 34205
Telephone no.: +1 (941) 315-2662
The relevant company is hereinafter referred to as “DEAL WATCHES”.
1.3 Purchase of products directly from DEAL WATCHES
Customer may purchase different brands of watches directly from DEAL WATCHES in our Online Shop (“Purchase”).
1.4 Immediate sale and arrangement of a product purchase by DEAL WATCHES
It is also possible for Customer as Consumer to sell watches via our Online Shop. The special provisions regarding “commission business for Consumers as defined in Section 13 BGB as vendors” (“Commission Provisions”), which can be viewed here , shall apply in addition. In the event of any conflict between these Terms and Conditions and the Commission Provisions, the regulations set out in the Commission Provisions shall prevail.
1.5 The Customer may use additional services provided by DEAL WATCHES. Insofar as these are not explicitly mentioned in these Terms and Conditions, the additional services shall be subject to separate business terms and conditions.
2 – Contract conclusion
2.1 The placement of the product in the Online Shop does not constitute a binding offer by DEAL WATCHES to Customer to enter into a contract.
2.2 To order products in the Online Shop of DEAL WATCHES, Customer can add the selected goods to the shopping cart and then enter the order information in the specified order form. After selecting the shipping and payment methods and accepting these Terms and Conditions, Customers sends its binding offer by clicking on the purchase button “BUY”.
2.2.1 The offer is accepted by DEAL WATCHES by sending an express notification of acceptance to Customer by e-mail at the latest by the end of the third working day following the day of the offer, or by sending the goods. DEAL WATCHES shall be entitled to reject contractual offers at its sole discretion.
2.2.2 DEAL WATCHES also reserves the right to cancel the contract if the goods are not available from a carefully selected and reliable supplier through no fault of DEAL WATCHES (proviso of punctual delivery of our suppliers). In such a case, DEAL WATCHES undertakes to immediately inform Customer of the non-availability of the goods and, where necessary, immediately refund any payments made.
2.2.3 Customer has the option of concluding the contract in German, English or Russian language
2.2.4 DEAL WATCHES saves the contractual text of the order and Customer is able to print the contractual text before sending the order to us by clicking on “print” in the last order step. We will also provide Customer with an order acknowledgement and order confirmation to the e-mail address provided by Customer.
2.3 If, during the order process, Customer completes the purchase selecting the payment options “instalment”, “direct debit” or “purchase on account”, the purchase contract is concluded between Customer and fine trade llc. The Terms and Conditions are linked here . In this case fine trade llc is the seller of the goods and the purchase price is payable solely to fine trade llc. The Terms and Conditions of fine trade llc shall apply exclusively.
2.4 Customer additionally has the option of requesting to view watches at DEAL WATCHES’s premises or at a retail store of DEAL WATCHES on a non-binding basis. If Customer chooses this option, no binding purchase contract for the watch in question is concluded between DEAL WATCHES and the Customer. DEAL WATCHES will make every effort to procure the watch for viewing, but shall not be obliged to do so. In individual cases DEAL WATCHES shall reserve the right to request a deposit from Customer before obtaining the watch. Customer may also pay a voluntary deposit of any amount on request of an on-site viewing (e.g. by payment methods which are not available on-site). The deposit does not commit Customer to purchase, nor DEAL WATCHES to sell. Upon request DEAL WATCHES will refund the deposit to Customer without interest within 5 working days (date of the payment instruction issued by DEAL WATCHES is decisive).
3 – Prices and payment methods
3.1 DEAL WATCHES offers Customer various payment methods, which can be viewed at the following address: DEAL WATCHES payment methods .
3.2 The published prices at the time of ordering shall apply. All prices are, depending on the currency chosen, stated in EUR, CHF, GBP or USD and include value-added tax. Shipment costs are not included in these prices and will be displayed separately in the order process.
3.3 For purchase contracts concluded between DEAL WATCHES and Customer, the total amount payable including shipping costs is due immediately.
3.4 If the amount due cannot be collected, Customer shall reimburse to DEAL WATCHES the additional costs incurred as a result, if it is responsible for the failure to collect.
4 – Shipping and delivery
4.1 The products sold by DEAL WATCHES are shipped by shipping providers listed under DEAL WATCHES shipping costs .
4.2 Customer bears the shipping costs. The amount of the shipping costs is calculated on the basis of the shipping cost overview, which can be viewed under DEAL WATCHES shipping costs . The binding shipping costs are also displayed in the order overview prior to submitting the order.
4.3 Goods purchased from DEAL WATCHES are only despatched by the shipping partners listed under DEAL WATCHES shipping costs and are covered by transport insurance.
4.4 Shipments are made to the following countries: Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Qatar, Romania, Russia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, Turkey, USA.
4.5 The expected delivery date is indicated to Customer in the respective product description and counts from receipt of payment. The delivery time may be subject to the usual variability of postal deliveries and may be delayed by force majeure and other events outside the control of DEAL WATCHES and its agents.
5 – Guarantee and DEAL WATCHES partial inspection
5.1 DEAL WATCHES shall provide its Customers with an extended warranty (“DEAL WATCHES Guarantee”) under certain conditions. The DEAL WATCHES Guarantee shall apply from the purchase date for a period of 24 months and refers solely to clockworks. During the first 12 months, the terms of the statutory warranty shall apply exclusively. From the 13th month on, DEAL WATCHES also guarantees to Buyer the following services for all watches in the case of a justified complaint:
Transportation costs for the watch under the DEAL WATCHES Guarantee shall be borne by Customer. Any claim under the DEAL WATCHES Guarantee must be communicated by Customer in writing by e-mail or mail. The defect in question must be described by Customer in this written communication to DEAL WATCHES. DEAL WATCHES shall then collect the watch from Customer. If the conditions for a claim under the DEAL WATCHES Guarantee are not met,Customer shall be notified of this stating the reasons. Warranty rights under Section 7 remain unaffected.
Costs for any material and replacement parts needed shall be borne by Customer. Customer shall be notified of the estimated material and replacement part costs before the repairs are carried out and Customer can decide whether the repairs are to be carried out.
5.3 Furthermore, DEAL WATCHES shall not be required to provide any services under the Guarantee, if the provision of such services is not possible.
5.4 DEAL WATCHES shall have the watch picked up from Customer and returned to Customer after the service. It is transported as insured valuables. The associated costs shall be borne by Customer. The transport costs are based on the table shown on the page DEAL WATCHES shipping costs . Transport costs include transport insurance. Customer may at its own request and risk choose another shipping method for transporting the watch to DEAL WATCHES.
5.5 The Guarantee shall expire on a resale by the purchaser.
5.6 The Customer has to provide proof that the goods delivered are actually the goods acquired at DEAL WATCHES. Goods sent in error will be returned immediately.
6 – Customer’s obligations
6.1 Customer shall not be permitted to unreasonably overload the technical infrastructure of DEAL WATCHES.
6.2 Customer may not block, overwrite or modify any contents generated by DEAL WATCHES or disrupt the DEAL WATCHES website in any other way.
6.3 The contents stored on the DEAL WATCHES website may not be copied or disseminated or otherwise used or reproduced without the previous consent of the legal owner. This shall also apply to copying using “robot/crawler” search engine technologies or other automatic mechanisms.
6.4 DEAL WATCHES shall be entitled to block customer accounts, if it is suspected that a customer account is being used in a fraudulent manner or misused in other ways. DEAL WATCHES will notify Customer of the blocking, if the purpose of the blocking is not jeopardised by the notification.
7 – Our liability
7.1 CDEAL WATCHES strives to always ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Further, access to the DEAL WATCHES website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. DEAL WATCHES strives to limit the duration and frequency of these temporary interruptions.
7.2 DEAL WATCHES bears unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.
7.3 In cases of slight negligence, DEAL WATCHES shall be liable in the event that material contractual obligation is infringed. A material contractual obligation within the meaning of this section is an obligation, the performance of which only allows the contract to be executed and upon the performance of which the contractual partner may therefore regularly rely.
7.4 DEAL WATCHES shall not be liable under Section 7.3 for lack of economic success, loss of profits and indirect losses.
7.5 Liability under the above Section 7.3 shall be limited to losses typical and foreseeable as at the date of the conclusion of the contract.
7.6 The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of DEAL WATCHES.
7.7 Any liability of DEAL WATCHES for guarantees given and claims under the Product Liability Act shall remain unaffected.
8 – Warranty
8.1 The statutory warranty rights shall apply to all contracts concluded between DEAL WATCHES and the Customer.
8.2 Liability for defects in used goods shall be excluded for Purchasers who are Entrepreneurs; this shall not apply in case of gross negligence or intent; warranty rights for new goods shall lapse within six months following the transfer of risk.
8.3 Warranty rights shall lapse for Consumers within two years following the transfer of risk for new goods and within one year for used goods.
8.4 Ordinary wear and tear marks (e.g. scratches on the case/band) do not constitute defects under sales law.
8.5 Damage caused by the improper handling of the goods by Purchaser shall be excluded from the liability for defects.
9 – Right of withdrawal for Consumers
9.1 Information concerning the exercise of the right of withdrawal
If you are a Consumer and a contract as defined in Section 9.3 is not in effect, you have the right to withdraw in accordance with the following policy:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered by you in one order and delivered separately, the period shall begin on the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal you must inform us (DEAL WATCHES Service Germany GmbH, Lichtstraße 25, 50825 Cologne, Germany, telephone no. +49 221 975 806 04, e-mail info@DEAL WATCHES.com) of your decision to withdraw this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information on right of withdrawal
9.2 Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
9.3 The right of withdrawal does not apply to distance contracts for the delivery of goods that are not manufactured in advance and the manufacturing of which requires an individual choice or design by Consumer or that are clearly tailored to the personal requirements of Consumer.
10 – Reservation of title
10.1 The goods shall remain the property of DEAL WATCHES until the purchase price is paid in full. The goods may not be pledged, transferred by way of security, processed or reconfigured without the consent of DEAL WATCHES.
10.2 Purchaser shall undertake to handle the goods with care until the purchase price is paid in full.
11 – Information on online dispute resolution
The US Commission operates a platform for online dispute resolution at https://ec.europa.us/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
12 – Final provisions
12.1 Deviating business terms and conditions of Customer shall not form part of the contract even if DEAL WATCHES does not expressly dispute their validity.
12.2 Customer may only offset against claims of DEAL WATCHES or assert a right of retention if its counterclaim is undisputed, a legal title exists or the counterclaim is synallagmatically in proportion to the respective claim in question.
12.3 The law of the State of Florida applies under the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply for Consumers with regard to such mandatory consumer rights, which – according to the law applicable if this clause would not exists (which is in general the law of Consumer’s primary residence) – are legally compulsory and cannot be waived by parties‘ agreement.
12.4 Exclusive venue for any and all disputes with regard to this contract is Cologne, provided the parties of the contract are merchants or Customer has no place of general jurisdiction in another member state of the United States or its permanent or habitual residence is transferred abroad after entry into force of these Terms and Conditions or permanent or habitual residence is not known at the time the action is filed.
12.5 If individual provisions of this Terms and Conditions are or become ineffective and/or contradict legal provisions, the effectiveness of the remaining Terms and Conditions shall not be affected thereby.