Terms of delivery

The registered office of Oclockshop.de is located at 2622 CG Delft, Rabatstraat 4, the Netherlands, hereinafter referred to as Oclockshop.de.

Article 1. Definitions
The following definitions apply in these general terms and conditions:
Oclockshop.de:,
'The consumer': a counterparty (natural person) who does not act in the course of his profession or business, or a client who acts in the course of a business or profession in his capacity as end user of the products delivered;
'Consumer purchase': the purchase of a movable item carried out by a seller in the exercise of his profession and a buyer. The buyer is a natural person who does not act in the course of his profession or business.

Article 2. Validity of these conditions
1. These conditions apply to every offer and every agreement between Oclockshop.de and consumers for which Oclockshop.de has declared these conditions to be valid, unless the parties have expressly and in writing agreed on deviations from these conditions.
2. These terms and conditions also apply to agreements with Oclockshop.de in which third parties are involved.

Article 3. Offers / order confirmations
1. All offers made by Oclockshop.de are valid for a maximum period of 30 days.

2. Oclockshop.de is not obliged to adhere to its offer / order confirmation if the consumer should have realized that the offer or order confirmation contained an obvious error or typo.

3. Oclockshop.de is only bound by its offer if the consumer confirms this in writing within 30 days. Unless otherwise stated, the prices stated in the offer or order confirmation are exclusive of VAT. Please note: the prices in the webshop are stated including VAT.

Article 4. Delivery
1. Unless otherwise agreed, delivery will be made from the Oclockshop.de factory in Delft.
2. The consumer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the moment they are available to him according to the contract.
3. If the consumer refuses to take delivery or does not provide any further information or instructions for delivery, the items will be stored at the consumer's risk. In this case, the consumer is obliged to pay all additional costs, in any case storage costs.
4. Delivery of purchases takes place at the applicable rates.
5. The goods delivered by Oclockshop.de may, unless expressly stated otherwise in the order confirmation, have a maximum deviation of 2% in size and color from the values ​​stated in the webshop. Deviations within the stated tolerance limits do not give the consumer the right to refuse to accept the purchased goods or to demand compensation or replacement for the goods delivered in any way.

Article 5. Delivery time
1. The delivery times indicated by Oclockshop.de are approximate and are not deadlines, but never exceed the actual delivery time - except in cases of force majeure - by more than two weeks.
2. In the event of non-timely delivery, the consumer is obliged to give Oclockshop.de written notice of default and to propose a reasonable period for Oclockshop.de to fulfill its obligations.

Article. 6 Guarantee
1. Oclockshop.de guarantees that the products sold are free from material, design and manufacturing defects. This guarantee is valid for the period stated in the webshop, the order confirmation, the delivery documents or the Fraktur. This period corresponds in any case to the guarantee period of the manufacturer of the relevant article or part sold by Oclockshop.de. 2. If a defect covered by the guarantee occurs in the delivered goods during the guarantee period referred to in paragraph 1, Oclockshop.de is obliged, within 30 days after the consumer has informed it of this in writing and has returned the goods in question well packaged and with sufficient postage, to either have the defects remedied or, in mutual agreement, to refund the purchase price in whole or in part or to choose another item from the webshop with a possible additional payment or refund. In this case, Oclockshop.de will charge the respective shipping costs. In addition, Oclockshop.de is free to charge the current handling and administration costs.
3. The consumer can only demand replacement or termination of the purchase agreement if during the guarantee period:
- Oclockshop.de has tried unsuccessfully three times to remedy the same defect and if this defect is serious enough to justify replacement or termination of the contract;
- The consumer proves that the goods show such serious defects or has shown that it does not meet the contractual requirements and the defects justify replacement or termination of the contract.
4. The guarantee expires if the consumer causes damage to the guaranteed goods due to improper handling or improper use.
5. The guarantee only begins after full payment of the (digital) invoice from
Oclockshop.de

Article 7. Retention of title
1. All goods delivered by Oclockshop.de remain the property of Oclockshop.de until the consumer has fulfilled all obligations from all purchase agreements concluded with Oclockshop.de.
2. Goods delivered by Oclockshop.de that are subject to retention of title within the meaning of paragraph 1 may not be resold and may under no circumstances be used as a means of payment.
3. The consumer is not authorized to pledge or otherwise encumber the goods subject to retention of title. 4. The consumer gives Oclockshop.de or third parties designated by him unconditional and irrevocable permission to enter all locations where Oclockshop.de's property is located and to take these goods with them in all cases where Oclockshop.de wants to exercise ownership rights.
5. If the goods delivered under retention of title are seized by third parties or encumbered with rights, the consumer is obliged to inform Oclockshop.de of this as soon as possible.
6. The consumer undertakes to insure the goods delivered under retention of title and to maintain this insurance against fire, explosion and water damage and against theft and to present it for inspection upon request.

Article 8. Defects: complaint deadlines
1. The consumer is obliged to inspect (have inspected) the purchased goods upon delivery - or as soon as possible thereafter. The consumer must check whether the delivered goods correspond to the agreement, in particular:
- whether the correct item(s) was/are delivered;
- whether the delivered item(s) meet the agreed quality requirements or - if these are missing - the usual requirements for normal use.
2. If a visible defect or damage is discovered, the consumer must report this to
Oclockshop.de within three days of delivery.
3. The consumer must report a non-visible defect to Oclockshop.de in writing within 24 hours of discovery, but no later than twelve months (within the standard warranty period).

Article 9. Payment
1. Unless otherwise agreed, payment must be made using one of the methods offered in the webshop.
2. If Oclockshop.de deems this necessary, the customer may be required to pay a deposit of 50 percent of the total price of the order as stated in an offer.
3. If the consumer is unable to pay or delays payment, the claims of
Oclockshop.de and the consumer's obligations are immediately due.

Article 10. Collection costs
1. If the consumer is in default in fulfilling one or more of his obligations, all normal extrajudicial costs are borne by the consumer. In the case of a monetary claim, these are for the consumer:
- for the first € 2750,- 15%
- thereafter up to € 5500,- 10%
- thereafter up to € 14,000,- 8%
- thereafter up to € 55,000,- 5%
- thereafter 3%
2. If Oclockshop.de proves that it has incurred higher costs for good reason, these will also be reimbursed.

Article 11. Liability
1. The liability of Oclockshop.de is limited to the delivery of the goods in question or the return of the purchase price.

Article 12. Force majeure
1. In these delivery conditions, force majeure is understood to mean, in addition to the legal definition, all external causes, foreseeable or unforeseeable, over which Oclockshop.de has no influence and which prevent it from fulfilling its obligations. This also includes work stoppages at Oclockshop.de
2. Oclockshop.de also has the right to invoke force majeure if the circumstances that prevent fulfillment of the agreement occur after the time at which Oclockshop.de should have fulfilled its obligations.
3. In the event of force majeure, delivery and other obligations of Oclockshop.de are suspended. If the period of force majeure during which Oclockshop.de cannot fulfill its obligations lasts longer than eight weeks, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
4. If Oclockshop.de has already partially fulfilled its obligations at the time of the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered separately. In this case, the consumer is obliged to invoice as a separate delivery contract.

Article 13. Disputes
Only the judge at the place of business of Oclockshop.de is authorized to settle disputes, unless the district judge is authorized to do so. Nevertheless, Oclockshop.de retains the right to summon the consumer to the legally or contractually agreed judge if necessary.

Article 14. Applicable law
Dutch law applies to all contracts between Oclockshop.de and consumers. The Vienna Sales Contract is expressly excluded.

Article 15. Changes and location of the delivery conditions
These delivery conditions can be viewed on request at Oclockshop.de.
The last version deposited or published in the webshop or the version that was valid at the time of the relevant transaction applies.

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