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General Terms and Conditions (GTC)
(The following GTC also contain legal information regarding your rights under the regulations on distance contracts and electronic commerce.)
1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery and Availability of Goods
6. Payment Terms
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the Contract Text
11. Money-Back Guarantee & Warranty Statement
12. Data Protection
13. Online Dispute Resolution Platform, Participation in Dispute Resolution Procedures
14. Place of Performance, Jurisdiction, Applicable Law and Contract Language
1. Scope
1.1. For purchase contracts between Limitless eCom GmbH, Warthestraße 21 in 14513 Teltow (hereinafter "Seller") and the customer (hereinafter "Customer") via the Holzhütte Shop (https://www.xn--holzhtte-b6a.com/), the following General Terms and Conditions (GTC) apply, regardless of whether the customer orders the goods as a consumer or an entrepreneur.
1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 10:00 a.m. to 5:00 p.m. via email at kontakt@holzhuette.com.
1.3. A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of § 14 Para. 1 BGB is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
1.4. Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity. These GTC also apply if the seller carries out delivery to the customer without reservation while being aware of the customer's conflicting or deviating terms.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs as well as on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last" unless otherwise noted for the products.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart using the "Add to cart" button. Subsequently, the customer can proceed to conclude the ordering process within the shopping cart using the "Proceed to checkout" button.
3.2. By clicking the "Order now" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt via email, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller confirms the shipment of the goods to the customer in a separate email or by shipping the goods.
3.4. If delivery of the ordered goods is not possible, for example because the corresponding goods are not in stock, the seller will refrain from issuing an acceptance declaration. In this case, no contract is concluded. The seller will inform the customer about this immediately and refund any consideration already received without delay.
3.5. The contract is concluded in German.
4. Prices and Shipping Costs
4.1. All prices stated on the seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. Any potential customs duties or local taxes must be borne by the customer.
4.3. The goods are shipped via postal service. The seller bears the shipping risk if the customer is a consumer. Insofar as the customer orders the goods as an entrepreneur and unless expressly agreed otherwise, delivery is "ex works" (EXW according to Incoterms® 2010), i.e., the risk of accidental loss or accidental deterioration of the goods passes to the customer as soon as the goods have been handed over to the person carrying out the transport.
4.4. In the event of a withdrawal, the customer must bear the direct costs of the return.
4.5. Returns are to be sent to the following address:
Limitless eCom GmbH
Warthestraße 21
14513 Teltow
For deliveries outside the European Union, import duties, taxes, as well as handling or clearance fees from the shipping service provider or customs authorities may apply.
These costs are not included in the purchase price or the shipping costs and must be borne by the customer. The customer is personally responsible for informing themselves about the import regulations applicable in the destination country and any fees that may arise.
If the customer refuses to accept the shipment, does not collect it from the shipping service provider within the collection period, or refuses to pay the applicable import duties or fees, and we incur costs as a result (e.g., return shipping costs, customs, storage, or handling fees of the shipping service provider), we are entitled to deduct these actually incurred costs from any refund, to the extent legally permissible.
5. Delivery and Availability of Goods
5.1. Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. This applies unless no or no different delivery time is specified for the respective product in our online shop.
5.2. If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the seller shall refrain from issuing an acceptance declaration. In this case, no contract is concluded.
5.3. If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. The seller may propose the delivery of a comparable product to the customer.
5.4. The following delivery restrictions apply: The seller only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria, Netherlands, Belgium, United Kingdom, Sweden, Finland, Poland, France, Italy, Denmark, and Norway. The customer will be informed of other delivery restrictions before the order is placed during the ordering process.
5.5. Insofar as advance payment is agreed, delivery takes place after receipt of the invoice amount.
5.6. The seller is entitled to partial deliveries as far as this is reasonable for the customer, whereby the additional shipping costs incurred are borne by the seller.
5.7. The goods are delivered to the delivery address provided by the customer.
5.8. If the delivery of the goods to the address provided by the customer fails despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer immediately, whereby the seller may deduct any damage incurred.
6. Payment Terms
6.1. Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract.
6.2. The customer can choose from the available payment methods during and before completing the ordering process.
6.2.1. Payment by advance payment: With the advance payment method, the customer transfers the invoice amount to the seller's account stated in the order confirmation. As soon as the invoice amount has been booked to the seller's account, the goods will be shipped to the customer.
6.2.2. Payment via PayPal: The customer pays the invoice amount via the online provider PayPal. The customer must be registered with PayPal or register, authenticate with their login credentials, and confirm the payment instruction to the seller. The PayPal fees are borne by the seller. As soon as the invoice amount has been booked to the seller's account, the goods will be shipped to the customer.
6.2.3. Payment by credit card: When paying by credit card (VISA, Mastercard), the customer transmits their credit card details to the seller. After receipt of the credit card details, the goods will be shipped to the customer.
6.2.4. Payment by Sofortüberweisung: With the Sofortüberweisung payment method, the customer transfers the invoice amount immediately after the ordering process to the seller. As soon as the seller has received payment confirmation from the customer's bank, the goods will be shipped to the customer.
6.3. The customer can change the payment method stored in their user account at any time.
6.4. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, they must pay the seller interest on arrears for the year at a rate of 5 percentage points above the base interest rate. The customer's obligation to pay interest on arrears does not exclude the assertion of further damages for delay by the provider.
6.5. The buyer may only offset against claims that are undisputed or legally established. This restriction of the right of set-off does not apply if the monetary claim offered for set-off arises from a claim for which the customer could also have withheld payment.
7. Retention of Title
The seller retains ownership of the delivered goods until the purchase price (including value-added tax and shipping costs) for the goods in question has been paid in full.
8. Warranty for Material Defects and Guarantee
8.1. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period begins with the delivery of the goods. For entrepreneurs, the warranty period for goods delivered by the seller is 12 months.
8.2. An additional guarantee for goods delivered by the seller only exists if it was expressly issued in the order confirmation for the respective item.
9. Liability
9.1. Customer claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal duties), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, their legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.2. In the event of a breach of essential contractual obligations, the seller is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body, or health.
9.3. The restrictions of paragraphs 1 and 2 also apply to the benefit of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
9.4. The liability limitations resulting from paragraphs 1 and 2 do not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have made an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.
10. Storage of the Contract Text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the final step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by them. With the order confirmation, the customer also receives a copy of the GTC together with the cancellation policy and information on shipping costs as well as delivery and payment terms.
11. Money-Back Guarantee
If defects occur in our products, we provide one of the following services within the scope of the guarantee:
free repair of the goods or free replacement of the goods with an equivalent item.
Guarantee claims are excluded:
in the case of damage to the goods that has occurred due to abusive or improper handling of the goods, in particular breakage and glass damage resulting therefrom.
Attention: All our watches are made from wood, which is why the watches do not have the same resilience as metal wristwatches. We point out that the wood can break if the bracelet or case is subjected to excessive strain, and corresponding caution is assumed when wearing them. Furthermore, wood breakage due to the attachment of watch straps from third-party manufacturers is also not covered by the guarantee.
The following damages are excluded from the guarantee claim:
To claim a warranty service, you must allow us to inspect the warranty case by sending the goods to us. You should ensure that damage to the goods during transport is avoided by using appropriate packaging.
If the warranty claim is justified, we will provide the warranty service within 30 days of the goods being sent to us.
The shipping costs for sending the goods to us and for returning the goods to you will be borne by us as part of the warranty service and will be refunded by us.
However, you bear the risk of deterioration or loss during transport of the goods sent to us or returned to you as part of the warranty service.
12. Data protection
12.1. The seller uses the personal data provided by the customer (e.g., name, address, e-mail address, telephone number, bank account number and sort code) in accordance with the provisions of data protection law.
12.2. All personal data will be treated as strictly confidential. The personal data required for business transactions will be stored by the seller and used for processing orders, managing customer relationships, delivering goods, processing payments, and preventing defaults in payment, and may be passed on to service partners used by the seller for contract execution (such as shipping companies or credit institutions). Furthermore, data may be used for the seller's own advertising and marketing purposes, e.g., for sending written promotional information. The seller may use the customer's e-mail address to send promotional offers if the customer has not objected to this. Insofar as the customer's consent is required for this, the seller will obtain it in advance. Promotional contact by telephone will also only take place if the customer has given their express consent.
12.3. The customer can at any time by notifying:
Limitless eCom GmbH
Warthestraße 21
14513 Teltow
Phone: +49 3328 3874015
WhatsApp: +49 3328 3874015
Fax: dennis.thoms.5@epost.de
E-mail: kontakt@holzhuette.com
object to the use and processing of their data for the seller's own advertising and marketing purposes and revoke any consent previously given to the use of their data.
12.4. Further information on the nature, scope, location, and purpose of the collection, processing, and use of the required personal data by the seller can be found in the privacy policy athttps://www.xn--holzhtte-b6a.com/pages/datenschutz
13. Platform for online dispute resolution, participation in dispute resolution proceedings
13.1. According to current law, the seller is obliged to inform consumers about the existence of the European Online Dispute Resolution platform, which can be used to settle disputes without the need to involve a court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution platform can be found here:http://ec.europa.eu/odr
13.2. The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and has therefore decided against voluntary participation.
14. Place of performance, place of jurisdiction, applicable law, and contract language
14.1. Contracts between the seller and the customers are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly of the state in which the customer has their habitual residence as a consumer, remain unaffected.
14.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the seller's registered office.
