Terms and Conditions

I.Contractual partners-Scope of application

These General Terms and Conditions (GTC) apply to all deliveries and services of DAMASKO GmbH, Unterheising 17c, 93092 Barbing, Germany, e-mail: sales@damasko-watches.com (hereinafter referred to as “we” or “DAMASKO”) and customers who can be entrepreneurs or consumers (hereinafter referred to collectively as Purchasers or Customers).
Consumer means any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to his commercial nor to his independent professional activity.
An entrepreneur is any natural person, legal entity or partnership with legal capacity who, when concluding the contract, acts in the course of exercising their commercial or independent professional activity.
Our GTC apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions of the Purchaser only become part of the contract if and to the extent that we have expressly consented thereto. This requirement of consent applies in any case, for example even if in the knowledge of the Purchaser's GTC, we carry out the delivery to the Purchaser without reservation.
The current version of the GTC also applies to entrepreneurs as a framework agreement for future similar contracts for the sale and/or delivery of movable goods with the same Purchaser, without us having to refer to them again in each individual case.
Any additions, deviations, and other side agreements must be made in writing. Any individual agreements made with the Purchaser in individual cases always take precedence over these GTC.
The technical characteristics of our watches can be found in the watch passport. This is enclosed with the watch.

II. Conclusion of the contract-correction options

Our offers are non-binding. This also applies if we have provided the Purchaser with catalogues, technical documentation or other product descriptions or documents. Any information provided is based on the characteristics of the German market. Errors, changes and prior sale reserved. All offers are valid only while stocks last.
Our offer of goods and services merely constitutes an invitation to make an offer (invitatio ad offerendum).
In the online shop, the Customer makes an offer to purchase the goods collected in his virtual shopping basket by clicking on the button “Buy” or “Order subject to payment”. The Customer is bound to his order for up to 14 days. The purchase contract is concluded when we confirm acceptance of the order within the specified period or accept delivery through order confirmation or delivery of the goods.
The Customer can check his data again and correct them if necessary before sending the offer. The Customer can abort the order at any time by closing the browser.

III. Prices, payment, late payment

All prices quoted are total prices in euros and include the applicable statutory value added tax (VAT) plus any shipping costs, which are shown separately in the order process.
Agreed add-on services (e.g. engraving) will be charged additionally.
The purchase price and prices for add-on services are due for payment at the time of handover of the object of purchase or in advance in the case of shipment.
If goods are delivered to any destination outside of the Federal Republic of Germany, advance payment is the exclusive method of payment available to the Customer.
Deliveries of goods outside of the EU may be subject to import duties and taxes which are levied as soon as the delivery reaches the specified destination. This also applies to regions of EU member states with special regulations. The Customer is liable for all additional fees for customs clearance. Customs regulations vary significantly from country to country, so the Customer should contact the local customs authority for detailed information. The Customer must further note that when ordering goods they will be deemed an importer and must comply with all laws and regulations of the country in which they receive the delivery. Cross-border deliveries are subject to opening and inspection by the customs authorities.

IV. Retention of title

We retain the title to the goods sold until payment has been made in full.
We have a right of lien on the Customer’s object of repair which has come into our possession on the basis of the contract, on account of claims arising from a repair contract. The right of lien may also be asserted on account of claims arising from work previously carried out, spare parts deliveries and other services, insofar as they are connected with the object to be repaired.

V. Special conditions for repairs

In addition, the following provisions and our Terms and Conditions of Repair, which are available at https://www.damasko-watches.com/de/reparaturbedingungen, apply to repairs that are not covered by the warranty.
If the Customer requests a binding price quotation, a separate order in text form is required for the preparation of a cost estimate.
With the exception of managing directors or authorised signatories, our employees are not entitled to make verbal agreements that deviate from the concluded contract, including these Terms and Conditions of Repair.
Insofar the Customer wishes to assert claims against DAMASKO based on liability for material defects and/or warranty and these claims are to form the basis of the repair order, the Customer must make this clear when placing the order and point this out to us. For this purpose the Customer is obliged to prove the existence of a purchase contract and/or warranty contract, e.g. by presenting the purchase receipt and/or a warranty certificate.
Should the repair not be due to warranty and/or the Customer does not wish to have the repair carried out after the cost estimate, we reserve the right to invoice an amount of € 40 plus VAT for the inspection costs incurred; the Customer is at liberty to prove that we have incurred no damage or only a lower damage.
If the repair order is not based on a binding price quotation from us, but on a simple cost estimate, the total price may be exceeded in the invoicing of the order, provided that the cost overrun was not recognisable to us when the cost estimate was prepared. If the costs are expected to be exceeded by more than 20 %, we will notify the Customer of this without undue delay and obtain the Customer’s consent to continue the work.
If the Customer terminates the contract, whether because the cost estimate has been exceeded or for other reasons, they must, however, pay for the work and costs incurred up to that point, including expenses for spare parts ordered and already procured, as well as the profit.
The Customer is deemed to be in default of acceptance if they culpably fail to collect the object of the order within five working days after notification of completion, handing over or sending of the invoice. In the case of repair work carried out within one working day, the period is reduced to one working day.
Replaced parts become our property.
The Customer is expressly informed that in the event they do not collect or expressly demand the return of the object of the order within 6 months after the object of the order has been handed over to DAMASKO and a cost estimate has been sent to the Customer, or after notification of completion of the repair order, DAMASKO is entitled to dispose of the object of the order elsewhere free of charge or to destroy it, at its discretion.
Acceptance of the object of the order by the Customer takes place at DAMASKO’s premises, unless otherwise agreed in writing.
If acceptance is delayed for reasons for which we are not responsible, acceptance will be deemed to have taken place 14 working days after notification of completion to the Customer if the Customer has not refused acceptance within this period stating at least one defect.
If the Customer requests collection or delivery of the object of the order, this will be at the Customer's expense and risk unless otherwise agreed in writing.
We are entitled to demand a reasonable down payment or advance payment from the Customer for the repair costs.
If the Customer is an entrepreneur and the shipment of the object of the order has been agreed, the risk shall pass to the Customer at the latest upon handover to the forwarding agent, carrier or other third party designated to carry out the shipment. This also applies if the contractor bears the freight costs and/or carries out the shipment itself. If dispatch or handover is delayed due to circumstances for which we are not responsible, the risk will pass to the Customer from the day on which we are ready for shipment and have notified the Customer of such.

VI. Warranty

The statutory warranty periods apply to consumers.
In the case of the purchase of a used item, claims for defects become time-barred after one year.
Claims for defects arising from repair contracts become time-barred 12 months after acceptance of the repair work.
If the Customer is an entrepreneur, the period of limitation for claims and rights pertaining to defects – irrespective of their legal foundation – is one year.
The warranty expires as soon as the goods are opened by a third party within the warranty period.
The abovementioned restrictions and shortening of time limits do not apply in the event of damage arising from injury to life, limb, or health or for other damage based on an intentional or grossly negligent breach of duty or fraudulent intent on the part of DAMASKO, as well as for damage covered by liability under applicable statutory provisions, such as the German Product Liability Act (Produkthaftungsgesetz), as well as in the event of the assumption of guarantees or in the event of claims under a right of recourse pursuant to sections 478, 479 of the German Civil Code (BGB).
The statutory provisions on the start of the period of limitation, suspension of the period, stay and recommencement of the period remain unaffected.
The above provisions do not involve a change in the burden of proof to the disadvantage of the Customer.
The following circumstances do not constitute a material defect unless they are attributable to fault on our part:

a. Operating errors (e.g. setting the watch during the date switching process, daily winding of the watch, setting the watch counter-clockwise), improper handling (e.g. glass breakage, tearing out or breaking of the crown, knocks, falling, sporting activity), as well as normal wear and tear due to age or use.
b. The luminescence of coatings with special paint / Superluminova is the result of a physical effect. There could be irregularities in the luminosity and coating. In some cases the coating of the black models can cause irregular light reflections.
c. All DAMASKO models with plain sapphire glass are equipped with a very resistant bilateral antireflection coating. The outward coating can, however, become worn because of extreme strain, improper handling and everyday usage. Wear and tear on leather watch straps depend on the ambient conditions of the wearer, as leather is a natural material and is subject to an ageing process.
d. The DAMASKO manufactory steel bracelet is made from ice-hardened stainless steel and is very resistant. When the bracelet is worn, some shiny spots between the individual links can develop. They are a consequence of the mutual contact between the elements of hardened stainless steel. Some DAMASKO models have a hand-sanded casing. This can lead to dimensional deviations or variations in width fluctuations at the lugs.

VII. Reference to the ODR Platform-Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

VIII. Choice of law - Contract language -Storage of the contract - Jurisdiction for entrepreneurs

The laws of the Federal Republic of Germany apply without regard to the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the end user has its habitual residence.
The language of the contract is German.
Contracts are stored electronically by us, however, for data protection reasons, they can no longer be viewed by the Customer after the conclusion of the contract.
The sole place of jurisdiction for any and all disputes arising from the contract between the Purchaser and us is Regensburg, insofar as the Customer is a businessman, a legal entity under public law or a special fund under public law. We are further entitled to sue the Customer at their general place of jurisdiction.

(1) Right of revocation for services

You have the right to revoke this contract within fourteen days without having to state any reasons. The revocation period is fourteen days as of the day the contract is concluded. In order to exercise your right of revocation, you must notify us (Damasko GmbH, Unterheising 17c, 93092 Barbing, telephone: +49 9401 80481, email: sales@damasko-watches.com) of your intention to revoke this contract by means of a clear declaration of such (e.g. sent to us in letter form by post or email). You may use the attached sample revocation form for this, although this is not obligatory.

In order to observe the revocation period it is sufficient that the exercising of the right of revocation is sent off before expiry of the revocation period.

Consequences of the revocation

In the event you have demanded that the services should begin during the revocation period, you are obliged to pay us a reasonable sum proportional to the part of the service already performed at the time you notify us of the exercising of the right of revocation of this contract compared to the total scope of the services indicated in the contract.

Please note:

The right of withdrawal does not apply to contracts for the provision of services where the consumer has expressly requested the entrepreneur to visit him in order to carry out urgent repair or maintenance work; this does not apply with regard to other services provided during the visit which the consumer has not expressly requested, or with regard to goods supplied during the visit which are not necessarily needed as spare parts during the maintenance or repair.

(2) Right of revocation for consignments of goods

You have the right to revoke this contract within fourteen days without having to state any reasons. The revocation period is fourteen days as of the day you, or any third party named by you other than the carrier, have or has taken possession of the goods. In order to exercise your right of revocation, you must notify us (Damasko GmbH, Unterheising 17c, 93092 Barbing, telephone: +49 9401 80481, email: sales@damasko-watches.com) of your intention to revoke this contract by means of a clear declaration of such (e.g. sent to us in letter form by post or email). You may use the attached sample revocation form for this, although this is not obligatory. In order to observe the revocation period it is sufficient that the exercising of the right of revocation is sent off before expiry of the revocation period.

Consequences of the revocation

In the event you revoke this contract, we are obliged to return all payments we have received from you, including delivery costs (with the exception of any additional costs incurred as a result of your choosing a form of delivery other than the competitive standard delivery we offer) without delay and at the latest within fourteen days as of the day we receive notification of your revocation of this contract. Unless expressly agreed with you to the contrary, we will use the same means of payment for the refund as you used for the original transaction; under no circumstances will you be charged for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You will bear the direct costs for the return of the goods. You are only liable for any diminished value of the goods in as far as this diminished value is due to your handling of the goods in a way that exceeds the scope of testing their nature, properties and functioning.

Please note:

The right of revocation does not apply to

contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The goods may only be inspected by the Customer to the extent that this would also be the case in a local watch sale in a shop, i.e. not worn for a longer period of time, or the bracelets / steel straps shortened / lengthened, otherwise compensation may be claimed due to the loss in value, as the goods must be cleaned at considerable expense or can only be resold as B stock.

Sample revocation form

You can download our DAMASKO cancellation form as PDF here: Widerrufsformular-ENG_interaktiv.pdf (damasko-watches.com)

If you wish to revoke the contract, please fill out the sample revocation form (which is not mandatory) and send it back to:

DAMASKO GmbH

Unterheising 17c

93092 Barbing

oder an sales@damasko-watches.com

DAMASKO GmbH | Unterheising 17c | 93092 Barbing

Tel.: +49 (0) 9401 / 80481 | Fax: +49 (0) 9401 / 80482 | sales@damasko-watches.com | CEO: Petra Damasko | Identification Number: DE285634079

Valid: 1st of August 2023