• 1 — Validity of deliveries, offers and sales exclusively on the basis of the following conditions

01 These general terms and conditions become part of all contracts.

02 For entrepreneurs, these general terms and conditions also apply to all future business relationships, even if the terms and conditions are not expressly agreed again.

03 Contradictory general terms and conditions or deviating counter-confirmations are only recognized if GOAT Watches GbR expressly confirms them in writing.

04 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

• 2 — Offer, acceptance and contract

01 Written and verbal offers are subject to change and non-binding, even if they are not marked as such. The offers of the company GOAT Watches GbR on the Internet are to be understood as an invitation to submit an offer according to the German Civil Code.

02 A sales contract between the customer and the company GOAT Watches GbR is only concluded if the company GOAT Watches GbR confirms the customer's order in writing or by e-mail together with the transmission of the General Terms and Conditions. By paying the purchase price, the buyer once again expressly confirms that he has read and accepted the General Terms and Conditions.

• 3 — Acceptance Period, Late Acceptance and Client Release

01 According to § 146 ff. BGB, the order of the customer expires if it is rejected by GOAT Watches GbR or not accepted in time. GOAT Watches GbR must confirm an offer from the customer within a period of seven days from receipt of the offer. If GOAT Watches GbR does not meet this deadline, no valid purchase contract is concluded and the customer is released from his binding application.

02 If the company GOAT Watches GbR only confirms an order from the customer after the above-mentioned period has expired, this does not result in a purchase contract, since the customer is released from the previous expiry of the period. The late order confirmation is to be understood as a new order and can be accepted or rejected by the customer. The acceptance of the offer must be declared within a period of seven days. Otherwise the contract is deemed not to have come into being.

• 4 — Right of withdrawal according to § 145 BGB
  
  01 The applicant is bound by his application in accordance with the statutory provisions.

• 5 — Consumer's right of cancellation - Instructions on cancellation

01 If the customer is a consumer and has concluded a contract with the provider using only means of distance communication, in particular by telephone, e-mail or fax, or via the provider's website, he is entitled to withdraw his declaration of intent to conclude the contract without giving reasons within fourteen days. The period begins at the earliest on the day after receipt of the goods, if the consumer has already received this cancellation policy in text form at this time. In order to exercise your right of cancellation, you must send us, GOAT Watches GbR, Resi-Weglein-Gasse 10, 89077 Ulm - E-Mail: request@goat-luxury.de by means of a clear statement (e.g. a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired. End of revocation.

 

02 Consequences of the revocation - If the customer has revoked the contract, GOAT Watches GbR has received all payments received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer chooses a different type of delivery than the inexpensive standard delivery offered by GOAT Watches GbR) immediately and at the latest within fourteen days from the day on which GOAT Watches GbR received notification of the cancellation of this contract by the customer. For this repayment, GOAT Watches GbR uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will GOAT Watches GbR charge the customer for this repayment. GOAT Watches GbR can refuse repayment until GOAT Watches GbR has received the goods back or the customer has provided proof that the goods have been returned, whichever is earlier. The customer must return or hand over the goods to GOAT Watches GbR immediately and in any event no later than fourteen days from the day on which GOAT Watches GbR was informed of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. If the customer is unable to return the service received in whole or in part or can only return it in a deteriorated condition, he must pay compensation in this respect, even if the deterioration is due to the intended use. The reduction in value can correspond to the total purchase price. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a retail shop. Furthermore, the obligation to pay compensation for a deterioration caused by the intended use of the item can be avoided if the buyer does not use the goods as if they were your property and refrains from doing anything that would impair their value.

• 6 — Right of withdrawal on the part of GOAT Watches GbR

01 If there are unforeseen delivery bottlenecks or delivery problems or comparable delivery problems for which GOAT Watches GbR is not responsible, GOAT Watches GbR will inform the buyer immediately. In this case, GOAT Watches GbR expressly reserves the right to withdraw from the purchase contract.

02 If the purchase price confirmed in writing or by e-mail by GOAT Watches GbR is not credited to the account of GOAT Watches GbR within a period of two weeks after the written or e-mailed purchase price confirmation was sent due to the buyer being at fault, GOAT Watches GbR can declare its withdrawal from the purchase contract in accordance with the statutory provisions instead of asserting the purchase price claim. A possible claim for damages by GOAT Watches GbR remains unaffected by exercising the right of withdrawal. In the event of withdrawal, subsequent payments made by the customer that go beyond a justified claim for damages or a justified claim for value compensation must be reimbursed immediately.

• 7 — Prices and shipping costs

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

02 All prices stated on the provider's website include the applicable statutory sales tax.

03 Unless otherwise agreed, the company GOAT Watches GbR ships the ordered goods within Germany exclusively for a shipping fee of € 50 for postage, packaging, shipping and insurance per shipment.

04 In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid by the buyer in individual cases, but not to GOAT Watches GbR, but to the customs or tax authorities responsible there.

• 8 — Delivery

01 Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify GOAT Watches GbR and the carrier of any complaints as soon as possible. The warranty claims of the buyer remain unaffected.

02 If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to the buyer when the goods are handed over, regardless of whether the shipment is insured or uninsured.

03 If the buyer is not a consumer, delivery and shipment are at the risk of the buyer.

04 The goods will only be sent to the specified delivery address after the seller has received the full purchase price and the shipping costs.

05 All binding delivery times require express written confirmation. Partial deliveries are permitted. Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible, such as GOAT Watches GbR is not responsible for strikes, disruptions to operations, official orders, difficulties in procuring materials, etc., even if they occur at the supplier's, even in the case of bindingly agreed deadlines and dates.

06 Acceptance of the ordered and delivered goods is an obligation of the buyer. If the buyer refuses acceptance or fails to accept, the buyer is in default of acceptance. After a new delivery attempt that also failed, GOAT Watches GbR reserves the right to demand 20% of the order value as compensation, subject to proof of any higher damage that may have occurred.

• 9 — Terms of payment

01 The goods are delivered against bank transfer, direct debit, payment by check or in cash. The choice of payment method is made after consultation with the company GOAT Watches GbR. Furthermore, after consultation with the company GOAT Watches GbR, another payment method (payment in advance, bank-confirmed cheque) can also be agreed. The payment is only deemed to have been made when the amount to be paid has been irrevocably credited to the account of GOAT Watches GbR.

02 If the customer defaults on payment, GOAT Watches GbR is entitled to demand interest of up to 5 percentage points above the respective discount rate of the Deutsche Bundesbank or the key rate of the European Central Bank. We expressly reserve the right to assert further damage caused by delay.

• 10 — Withholding or set-off

01 The customer is only entitled to withhold or offset partial amounts if a counterclaim to be offset against has been legally established or has been recognized in writing by GOAT Watches GbR.

• 11 — Retention of title

01 The goods remain the property of the seller until the purchase price has been paid in full.

02 If the buyer is an entrepreneur, the following also applies: a The seller retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed. b The buyer can resell the goods in the ordinary course of business. In this case, the buyer hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the seller who accepts the assignment. The purchaser is also authorized to collect the debt. If he does not meet his payment obligations properly, the seller reserves the right to collect the claim himself. If the reserved goods are combined and mixed, the seller acquires co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. d The seller undertakes to release the securities to which he is entitled at your request insofar as the realizable value of the seller's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

• 12 — Warranty

01 The legal regulations apply.

02 In the case of used items, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The one-year warranty period does not apply to culpably caused damage to life, limb or health attributable to the seller and to damage caused by gross negligence or intent or fraudulent intent on the part of the seller, as well as to rights of recourse in accordance with §§ 478, 479 BGB. 03 If the buyer is an entrepreneur, the following applies in deviation from

• 12 (1): a Only the seller's own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer. b The buyer is obliged to examine the goods immediately and with due care 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 found later upon discovery. c In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded. d In the event of defects, the seller shall provide a warranty, at his option, by rectification or replacement delivery. If the remedy of the defect fails twice, the buyer can either demand a price reduction or withdraw from the contract. In the case of rectification, the seller does not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods. e The warranty period is one year from delivery of the goods.

• 12 (2) sentence 2 applies accordingly.

• 13 — Limitations of Liability

01 Liability on the part of GOAT Watches GbR for slightly negligent breaches of duty is excluded if there are no essential contractual obligations, i.e. obligations whose fulfillment enables the proper execution of the contract, the violation of which jeopardizes the achievement of the purpose of the contract and the observance of which the buyer regularly relies on, damage from the Injury to life, body or health, guarantees for the quality of the object of purchase or claims under the Product Liability Act are affected. The same applies to corresponding breaches of duty by vicarious agents of GOAT Watches GbR. Liability is limited to the damage that must be expected in a typical contract. The limitation of liability does not extend to intent and gross negligence.

• 14 — Place of Performance, Jurisdiction

01 The place of performance for all services arising from the business relationship with the seller and the place of jurisdiction is Ulm, insofar as the buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.

02 The law of the Federal Republic of Germany applies in principle

• 15 — Final Provisions

01 Should a clause in these General Terms and Conditions or a provision within the framework of other contractual agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. § 306 BGB applies accordingly. The parties already undertake to make a regulation in this skin that comes as close as possible to the original, legal and economic will.

02 All changes, additions, cancellations or deviating agreements in the General Terms and Conditions must be in writing to be effective. This also applies to the waiver of the written form requirement itself.

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§ 1 - Validity of deliveries, offers and sales exclusively on the basis of the following terms and conditions.

01 These general terms and conditions become part of all contracts.
02 For entrepreneurs, these general terms and conditions also apply to all future business relations, even if the GTC are not expressly agreed again.
03 Contradictory general terms and conditions or deviating counter-confirmations are only recognized if the company GOAT Watches GbR expressly confirms them in writing.
04 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.


§ 2 - Offer, acceptance and contract

01 Written and verbal offers are subject to change and non-binding, even if they are not marked as such. The offers made by GOAT Watches GbR on the Internet are to be understood as an invitation to submit an offer in accordance with the German Civil Code (BGB).
02 A contract of sale between the customer and GOAT Watches GbR is only concluded when GOAT Watches GbR confirms the customer's order in writing or by e-mail together with the sending of the General Terms and Conditions. By paying the purchase price, the buyer again confirms expressly that he has read and accepted the General Terms and Conditions.


§ 3 - Acceptance period, delayed acceptance and exemption of the customer

01 According to § 146 ff. BGB (German Civil Code) the order of the orderer expires if it is rejected or not accepted in time by GOAT Watches GbR. GOAT Watches GbR must confirm an offer from the customer within a period of seven days from receipt of the offer. If this deadline is not met by the company GOAT Watches GbR, no valid purchase contract is concluded and the customer is released from his binding application.
02 Should the company GOAT Watches GbR only confirm an order from the customer after the expiry of the aforementioned deadline, this will not result in the conclusion of a purchase contract, as the customer is released from his binding request by the prior expiry of the deadline . The delayed order confirmation is to be understood as a new order and can be accepted or rejected by the customer. The acceptance of the offer must be declared within a period of seven days. Otherwise, the contract shall be deemed not to have been concluded.


§ 4 - Right of withdrawal according to § 145 BGB (German Civil Code)

01 The applicant shall be bound by his application in accordance with the statutory provisions.


§ 5 - Consumer's right of withdrawal - cancellation policy

01 If the customer is a consumer and has concluded a contract with the supplier using exclusively means of distance communication, in particular by telephone, e-mail or fax, or via the supplier's website, he is entitled to revoke his declaration of intent to conclude the contract within fourteen days without stating reasons. The period begins at the earliest on the day after receipt of the goods, if at this time the consumer has also already received this cancellation policy in text form. In order to exercise your right of withdrawal, you must inform us, GOAT Watches GbR, Resi-Weglein-Gasse 10, 89077 Ulm, Germany - e-mail: request@goat-luxury.de by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory. To meet the deadline, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period. End of the cancellation policy.

02 Consequences of withdrawal - If the customer has withdrawn from the contract, GOAT Watches GbR must repay all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the inexpensive standard delivery offered by GOAT Watches GbR), without delay and at the latest within fourteen days from the day on which GOAT Watches GbR received notification of the withdrawal from this contract by the customer. For this repayment, GOAT Watches GbR uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; in no case will GOAT Watches GbR charge the customer for this repayment. GOAT Watches GbR may refuse repayment until GOAT Watches GbR has received the goods back or the customer has provided proof that the goods have been returned, whichever is the earlier. The customer must return or hand over the goods to GOAT Watches GbR without delay and in any case no later than fourteen days from the day on which GOAT Watches GbR was informed of the cancellation of this contract. The deadline is met when the customer sends the goods before the expiry of the period of fourteen days. The customer bears the direct costs of returning the goods. If the customer is unable to return the goods received in whole or in part or only in a deteriorated condition, the customer shall pay compensation to this extent, even if the deterioration is due to the intended use of the goods. The reduction in value may correspond to the total purchase price. This shall not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a shop, for example. In addition, the obligation to compensate for a deterioration in value caused by the intended use of the goods can be avoided if the buyer does not use the goods as if they were his own property and refrains from doing anything that would impair their value.


§ 6 - Right of withdrawal on the part of GOAT Watches GbR

01 Insofar as unforeseen delivery bottlenecks or delivery problems or comparable delivery problems occur for which GOAT Watches GbR is not responsible, GOAT Watches GbR will inform the purchaser immediately. In this case GOAT Watches GbR expressly reserves the right to withdraw from the purchase contract.
02 If the purchase price confirmed in writing or by e-mail by GOAT Watches GbR is not credited to the account of GOAT Watches GbR within a period of two weeks after sending the purchase price confirmation in writing or by e-mail due to the fault of the purchaser, GOAT Watches GbR can declare its withdrawal from the purchase contract in accordance with the statutory provisions instead of asserting the purchase price claim. Any claim for damages on the part of GOAT Watches GbR remains unaffected by the exercise of the right of withdrawal. In the event of withdrawal, any subsequent payments made by the customer which exceed a justified claim for damages or a justified claim for value replacement must be refunded without delay.


§ 7 - Prices and shipping costs

01 All prices published verbally or in writing are non-binding. Errors and price changes at short notice are always reserved.
All prices are quoted in EURO.
02 All prices stated on the supplier's website are inclusive of the applicable statutory value added tax.
03 Unless otherwise agreed, GOAT Watches GbR will ship the ordered goods within Germany exclusively against a flat-rate shipping fee of € 50 for postage, packaging, shipping and insurance per shipment.
04 In the case of cross-border delivery, further taxes (eg in the case of an intra-community purchase) and/or duties (eg customs duties) may be payable by the buyer in individual cases, but not to GOAT Watches GbR, but to the customs or tax authorities responsible there.

§ 8 - Delivery

01 Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify GOAT Watches GbR and the carrier of any complaints as soon as possible. The warranty claims of the buyer remain unaffected by this.
02 Insofar as the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to the buyer until the goods are handed over, regardless of whether the shipment is insured or uninsured.
03 If the buyer is not a consumer, the delivery and shipment shall be at the buyer's risk.
04 The goods will only be dispatched to the specified delivery address after receipt of the full purchase price and the shipping costs by the seller.
05 All binding delivery deadlines require express written confirmation. Partial deliveries are permissible. GOAT Watches GbR is not responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible, such as strikes, operational disruptions, official orders, material procurement difficulties, etc., even if they occur at the supplier's premises, even in the case of bindingly agreed deadlines and dates.
06 The acceptance of the ordered and delivered goods is an obligation of the buyer. If the buyer refuses or fails to accept the goods, the buyer is in default of acceptance. After a renewed and likewise failed delivery attempt, GOAT Watches GbR reserves the right to demand 20% of the order value as compensation, subject to proof of a possible higher damage.


§ 9 - Terms of payment

01 The delivery of the goods takes place against bank transfer, direct debit, payment by check or cash. The choice of payment method is made after consultation with the company GOAT Watches GbR. Furthermore, after consultation with the company GOAT Watches GbR, another payment method (advance payment, bank-confirmed cheque) can also be agreed. Payment is only deemed to have been made when the amount to be paid has been irrevocably credited to the account of GOAT Watches GbR.
02 If the customer is in default of payment, GOAT Watches GbR is entitled to demand interest of up to 5 percentage points above the respective discount rate of the Deutsche Bundesbank or the central rate of the European Central Bank. The assertion of further damage caused by default is expressly reserved.


§ 10 - Retention or set-off

01 The customer is only entitled to withhold or offset partial amounts if a counterclaim with which offsetting is to take place has been legally established or recognized in writing by GOAT Watches GbR.


§ 11 - Retention of title

01 The goods remain the property of the seller until the purchase price has been paid in full.
02 If the buyer is an entrepreneur, the following applies in addition: a The seller retains ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted. b The buyer may resell the goods in the ordinary course of business. In this case, the buyer already now assigns to the seller accepting the assignment of all claims in the amount of the invoice amount accruing to him from the resale. The buyer is further authorized to collect the claim. However, insofar as he does not properly fulfill his payment obligations, the seller reserves the right to collect the claim himself. If the reserved goods are combined and mixed, the seller shall 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. d The seller undertakes to release the securities to which it is entitled at your request to the extent that the realizable value of the seller's securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.

Section 12 - Warranty

01 The statutory provisions shall apply.
02 In the case of used goods, the warranty period shall be one year from delivery of the goods, in derogation of the statutory provisions. The one-year warranty period shall not apply to culpably caused damage attributable to the seller arising from injury to life, limb or health and damage caused by gross negligence or willful 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 of the German Civil Code (BGB). 03 Insofar as the buyer is an entrepreneur, the following shall apply in deviation from
§ 12 (1): a 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. b The buyer shall be obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the seller in writing of any obvious defects within 7 days of receipt of the goods; timely dispatch shall suffice to meet the deadline. This shall also apply to hidden defects discovered at a later date. c In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims shall be excluded. d In the event of defects, the seller shall, at his discretion, provide warranty by rectifying the defect or supplying a replacement. If the rectification of the defect fails twice, the buyer may, at his discretion, demand a reduction in price or withdraw from the contract. In the event of rectification of defects, the seller shall not be obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods. e The warranty period shall be one year from delivery of the goods.

§ 12 (2) p. 2 shall apply accordingly.


§ 13 - Limitation of liability

01 Any liability of GOAT Watches GbR for slightly negligent breaches of duty is excluded if no essential contractual duties, ie duties the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which the purchaser regularly relies on damages from injury to life, body or health, guarantees for the quality of the object of purchase or also claims under the Product Liability Act are affected. The same applies to corresponding breaches of duty by the vicarious agents of GOAT Watches GbR. In this case, the liability is limited to the damage that must be expected as typical for the contract. The limitation of liability does not extend to intent and gross negligence.


§ 14 - Place of performance, place of jurisdiction

01 The place of performance for all services arising from the business relations with the seller and the place of jurisdiction shall be Ulm, insofar as the buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law .
02 In principle, the law of the Federal Republic of Germany shall apply.


§ 15 - Final Provisions

01 Should a clause in these General Terms and Conditions or a provision within the framework of other contractual agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. Section 306 of the German Civil Code shall apply accordingly. The parties undertake already now to agree on a provision in this case, which comes as close as possible to the original, legal and economic intention.
02 All amendments, supplements, cancellations or deviating agreements in the General Terms and Conditions must be in writing to be effective. This also applies to the waiver of the written form requirement itself.

last update: 20.09.20