2. Contracting Party, Conclusion of Contract

3. Contract Language, Storage of Contract Text

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

4. Payment

Delivery of the goods takes place against bank transfer, by direct debit or in cash. The choice of payment method is made in consultation with Maximilian Manz. Furthermore, another payment method (advance payment, PayPal, etc.) can be agreed upon after consultation. Payment is generally only considered to have been made when the amount to be paid has been irrevocably credited to Maximilian Manz's account.

In the event of default of payment by the customer, Maximilian Manz is entitled to demand interest of up to 5 percentage points above the respective discount rate of the German Bundesbank or the key interest rate of the European Central Bank. The right to assert further damages caused by default remains expressly reserved.

5. Prices, Delivery Conditions and Shipping Costs

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

All prices stated on the provider's website include the applicable statutory value-added tax.

Our goods are subject to differential taxation. The value-added tax included in the purchase price is not shown separately on the invoice.

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

The amount of shipping costs depends on the destination country. The amount of shipping costs can be viewed here. We generally ship our products worldwide. Self-collection of the goods is possible. We do not deliver to packing stations.

In the case of cross-border deliveries, further taxes (e.g. in the case of intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid 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 also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale - regardless of any connection or mixing of the reserved goods with a new item - in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities due to us 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

For consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and Guarantees

The statutory liability for defects applies.

For used goods, the warranty period, deviating from the statutory regulation, is one year from the delivery of the goods. The one-year warranty period does not apply to culpably caused damages attributable to the seller resulting from injury to life, body or health, and grossly negligent or intentionally caused damages or fraudulent intent on the part of the seller, as well as recourse claims in accordance with §§ 478, 479 BGB.

If the buyer is an entrepreneur, the following applies by way of derogation:

Only the seller's own statements 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.

The buyer is obliged to examine the goods immediately and with due diligence for quality and quantity deviations and to notify the seller of obvious defects in writing 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 date of discovery.

In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded.

In the event of defects, the seller shall, at its discretion, provide warranty by rectification or replacement delivery. If the rectification of defects fails twice, the buyer can, at his discretion, demand a reduction in price 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, provided that the transport does not correspond to the intended use of the goods.

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

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

10. Retention or Set-off

The customer is only entitled to retain or set off partial amounts if a counterclaim to be set off has been legally established or has been acknowledged in writing by Maximilian Manz.

11. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• for injury to life, body or health
• for intentional or grossly negligent breach of duty
• for guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies, due to slight negligence on our part, our legal representatives or vicarious agents, our liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.

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 obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final Provisions

The place of performance for all services arising from the business relationships with the seller and the place of jurisdiction is Rastatt, unless the buyer is a consumer, but a merchant, a legal entity under public law or a special fund under public law.

German law applies. If you are an entrepreneur, German law applies 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 ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.