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DATA PROTECTION

GENERAL
business
CONDITIONS

Data protection

scope

With this data protection declaration, users receive information about the type, scope and purpose of the collection and use of their data by the responsible provider.

The Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) form the legal framework for data protection.

 

contact form

If you contact us via the online form or by e-mail, we save the information you provide in order to be able to answer your inquiry and ask any follow-up questions.

Integration of third-party services and content

Our offer sometimes includes content, services and performance of other providers. These are, for example, maps provided by Google Maps, videos from YouTube and graphics and images from other websites. In order for this data to be called up and displayed in the user's browser, the transmission of the IP address is absolutely necessary. The providers (hereinafter referred to as "third-party providers") therefore perceive the IP address of the respective user.

Even if we try to only use third-party providers who only need the IP address in order to be able to deliver content, we have no influence on whether the IP address may be saved. In this case, this process is used, among other things, for statistical purposes. If we are aware that the IP address is being saved, we will point this out to our users.

 

cookies

This website uses so-called cookies. These are text files that are stored on your computer by the server. They contain information about the browser, the IP address, the operating system and the Internet connection. We will not pass this data on to third parties or link it to personal data without your consent.

Cookies mainly fulfill two tasks. They help us to make it easier for you to navigate through our offer and enable the website to be displayed correctly. They are not used to inject viruses or start programs.

Users have the option of calling up our offer without cookies. To do this, the corresponding settings must be changed in the browser. Please use your browser's help function to find out how to disable cookies. However, we would like to point out that this may impair some functions of this website and limit the ease of use. The pages http://www.aboutads.info/choices/ (USA) and http://www.youronlinechoices.com/uk/your-ad-choices/ (Europe) allow you to manage online advertising cookies.

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Due to the activation of IP anonymization on this website, however, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.

You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: Browser add-on to deactivate Google Analytics.

You can find more information on the terms of use and data protection under http://www.google.com/analytics/terms/de.html or. unter https://www.google.de/intl/de/policies/.

 

data economy

 

In accordance with the principles of data avoidance and data economy, we only store personal data for as long as is necessary or prescribed by law (statutory storage period). If the purpose of the information collected no longer applies or if the storage period ends, we block or delete the data.

Your rights to information, correction, blocking, deletion and objection

You have the right to request information free of charge about the personal data stored by us and/or to request correction, blocking or deletion. Exceptions: It is about the mandatory data storage for business transactions or the data are subject to the statutory retention obligation.

For these purposes, please contact our data protection officer (contact details: at the end of the data protection declaration).

In order to be able to consider a data lock at any time, it is necessary to keep the data in a lock file for control purposes. If there is no legal archiving obligation, you can also request the deletion of the data. Otherwise we will block the data if you wish.

Change to our privacy policy

In order to ensure that our data protection declaration always corresponds to the current legal requirements, we reserve the right to make changes at any time. This also applies in the event that the data protection declaration has to be adjusted due to new or revised services, for example new services. The new data protection declaration will then take effect the next time you visit our website.

 

1.0 Deliveries, offers and sales are valid exclusively on the basis of the following conditions

These general terms and conditions become part of all contracts and also apply to all future business relationships, even if the terms and conditions are not expressly agreed again. Contradictory general terms and conditions or deviating counter-confirmations are only recognized if Westside Watches expressly confirms them in writing.

 

2.0 Offer, acceptance and contract 

Written and verbal offers are subject to change and non-binding, even if they are not marked as such. The offers of the company Westside Watches on the Internet are to be understood as an invitation to submit an offer according to the German Civil Code. A sales contract between the customer and the company Westside Watches is only concluded if the company Westside Watches confirms the customer's order in writing or by e-mail.

 

3.0 Acceptance Period, Late Acceptance and Customer Release 

According to § 146 ff BGB, the applicant's order expires if it is rejected by Westside Watches or not accepted in good time

Westside Watches must confirm an offer from the customer within a period of seven days from receipt of the offer. If Westside Watches fails to meet this deadline, no valid sales contract is concluded and the customer is released from his binding application. If Westside Watches 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 order confirmation is to be understood as a new application and can be accepted or rejected by customers.

 

4.0 Right of Withdrawal

Westside Watches grants consumers* a right of withdrawal in accordance with Section 3 (3) of the Distance Selling Act. The customer can withdraw from the purchase contract within a period of 14 calendar days after receipt of the goods. The deadline for the effective exercise of the right of withdrawal is only met if the delivered goods are returned correctly and completely to Westside Watches. The costs for the return are borne by the buyer.

For contracts that were not concluded with consumers as part of a distance selling transaction (classic purchase in a retail store), there is no right to withdraw from the purchase contract.

*A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Contracts concluded with commercial buyers are excluded from the right of withdrawal.

 

5.0 Right of withdrawal on the part of Westside Watches 

In principle, Westside Watches reserves the right to withdraw from a purchase contract. This can be the case, for example, in the event of delivery bottlenecks or unforeseeable delivery problems.

 

6.0 Prices and shipping costs 

All prices published verbally or in writing are non-binding. Errors and short-term price changes are always reserved. All prices are stated in EURO. Unless otherwise agreed, the goods will be insured by Westside Watches for a maximum of the purchase price per shipping order. However, Westside Watches reserves the right in certain cases, after informing the customer, to claim any insurance costs for the shipment of goods. Individual insurance policies with a value exceeding the above amount require a separate agreement. The customer bears the additional costs for this increased insurance.

 

7.0 Passing of risk 

The goods are shipped to the buyer at the risk of Westside Watches. Items are delivered to the recipient or to other persons who, under the circumstances, can be assumed to be entitled to accept the items (e.g. persons present on the recipient's premises). Submissions and returns are made at the risk of the customer. When sending or returning items, be sure to observe the shipping conditions of the shipping service provider (DHL, UPS, DPD, etc.). 

 

8.0 Delivery 

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 B. Strikes, disruptions to operations, official orders, difficulties in procuring materials, etc., even if they occur at the supplier's, Westside Watches is not responsible, even in the case of bindingly agreed deadlines and dates. 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 another failed delivery attempt, Westside Watches reserves the right to demand 20% of the order value as damages (subject to proof of any higher damage that may have occurred).

 

9.0 Terms of payment 

The goods are delivered against bank transfer or in cash. The choice of payment method is made after consultation with Westside Watches. In principle, payment is only deemed to have been made when the amount to be paid has been irrevocably credited to Westside Watches' account. If the customer defaults in payment, Westside Watches is entitled to charge interest of up to

10% above the respective discount rate of the Deutsche Bundesbank or the guiding rate of the European Central Bank.  Prepayments will not be refunded if the acceptance is not in accordance with the contract.  We expressly reserve the right to assert further damage caused by delay.

 

10.0 Withholding or offsetting 

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 Westside Watches.

 

11.0 Retention of title 
Westside Watches retains ownership of its goods until all of Westside Watches' claims against the customer from the business relationship, including future claims from contracts concluded at the same time or later, have been settled in full. This also applies if individual or all of the seller's claims have been included in a current account and the balance has been drawn and recognized.

 

12.0 Confidentiality

Both parties agree to absolute secrecy about all joint transactions and all future joint transactions. Neither party is permitted to disclose details of purchases/orders/deals made to third parties.
If one of the parties passes on information and/or details about purchases/orders/business to third parties, all costs, commission payments (e.g. to Chrono24) and/or fees caused by the passing on of information will be borne by the originator carried.

 

13.0 Warranty 

The company Westside Watches guarantees, within the framework of the statutory provisions, that all goods delivered by it are free from material and manufacturing defects upon the transfer of risk with the following proviso:

The customer undertakes to check all deliveries from Westside Watches upon receipt for defects and correctness. Westside Watches reserves the right to make two subsequent improvements. If the rectification fails, the customer has the right to withdraw or change. 

All damage to the watch case and/or movement (in whole or in part) caused by improper use and/or any type of liquid (water, acid, soap, grease, oil, etc.) is excluded from the warranty. Also excluded from the warranty are damages caused by the customer or another third party through improper handling.

In the event of a complaint, the customer is obliged to describe the defect to Westside Watches precisely.

The removal of markings, stickers and other markings required for identification on the goods leads to the loss of warranty claims.

 

14.0 German law shall apply to consumers and other persons with their usual place of business or residence in a member state of the European Union (EU) or the European Economic Area (EEA) at the time the contract is concluded, to the exclusion of the UN Sales Convention.

For consumers who have their habitual residence in a country that does not belong to either the EU or the EEA at the time the contract is concluded, the law of the country in which the consumer has his habitual residence at the time the contract is concluded shall apply.

Irrespective of this choice of law, the mandatory consumer protection law of the state in which they have their habitual residence at the time the contract is concluded also applies to consumers.

15.0 Final Provisions 

Should a provision 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. The parties already undertake to make a regulation in this case that comes as close as possible to the original, legal and economic intention. 

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. 

The place of performance and jurisdiction is Karlsruhe, insofar as this can be legally agreed. It is basically the law of the Federal Republic of Germany.

AS OF: January 1, 2023

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