1 – Subject matter of the contract and description of services
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the free use of our online shop (hereinafter referred to as “Online Shop”), as well as to all contracts concluded via the Online Shop with you as our customer (hereinafter referred to as “Customer” or “Buyer”.
1.2 The contracts between the customer and the
Guardian Of Time Barcelona SL
Calle Libertad 13-15
08860 Castelldefels
Spain
Telephone: +34936425795
E-mail: [email protected]
shall come into effect, unless expressly agreed otherwise.
The respective company is hereinafter referred to as “GUARDIAN OF TIME”.
1.3 Purchase of products directly from GUARDIAN OF TIME: The customer can buy watches of different brands directly from GUARDIAN OF TIME in our online shop (“Purchase”).
2 – Conclusion of contract
2.1 Listing the respective product in the online shop does not constitute a binding offer to conclude a purchase contract by GUARDIAN OF TIME to the customer.
2.2 To purchase products in the GUARDIAN OF TIME online shop, the customer must be registered and logged in to GUARDIAN OF TIME webpage and Customer can place the selected good in the shopping basket and enter the order data in the order form provided. After choosing the desired payment method and accepting these general terms and conditions, the customer submits his non-binding offer by clicking on the “Place Order” button.
2.2.1 GUARDIAN OF TIME will then send the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by GUARDIAN OF TIME and does not constitute acceptance of the offer.
2.2.2 A review phase follows the receipt of the customer’s offer. Acceptance by GUARDIAN OF TIME shall only be effected by means of an express declaration of acceptance (order confirmation) to the customer by e-mail by the end of the seventh working day following the day of the offer at the latest. GUARDIAN OF TIME is entitled to reject contractual offers without stating reasons. In this case, GUARDIAN OF TIME will inform the customer of the rejection of the offer by means of a declaration by e-mail.
2.2.3 GUARDIAN OF TIME will only reserve Customer’s funds on it’s Debit/Credit card for the orders which contains watches listed as ”Availability On Request”. GUARDIAN OF TIME will search for the watch within it’s carefully selected and reliable suppliers and will capture the customer’s payment only after an availability is found. This process should not exceed 7 working days. Customer’s funds will be released on it’s debit/credit card if GUARDIAN OF TIME fails to find availability for the customer’s order.
2.2.4 GUARDIAN OF TIME will capture the Customer’s payment manually after receiving Customer’s order which contains watches listed as “In Stock”. GUARDIAN OF TIME will ensure availability of the received order in it’s stocks and capture the Debit/Credit Card payment of the Customer only after the relevant checks are done internally.
2.2.5 GUARDIAN OF TIME also reserves the right to withdraw from the contract if the goods are not in stock from a carefully selected and reliable suppliers through no fault of GUARDIAN OF TIME (reservation of self-supply). In such a case, GUARDIAN OF TIME undertakes to inform the customer about the goods’ non-availability immediately and to refund any payments made without delay.
2.2.6 The customer can conclude the contract in English, Spanish, French or German.
2.2.7 GUARDIAN OF TIME saves the contract text of the order (in compliance with data protection laws), and the customer can print it out before sending his order to us by clicking on “Print” in the last step of the order process. We will also send the customer a confirmation of receipt as well as an order confirmation with all order data to the e-mail address provided by the customer.
3 – Prices and payment methods
3.1 GUARDIAN OF TIME offers the customer various payment methods such as payment via Debit/Credit card and Bank Wire. If customer wishes to pay via Bank Wire, this should be mentioned via contacting through the related watch’s page by clicking on “Ask A Question” button.
3.2 GUARDIAN OF TIME does not guarantee the prices at the time of the order due to the price increasing done by the manufacturers. Customer will be notified if there needs to be a price change to a placed order by the Customer. All prices are quoted in EUR currency and invoiced based on Margin Scheme (no additional VAT). Shipping costs are included in this price.
3.3 In the purchase contracts between GUARDIAN OF TIME and the customer, the total amount payable is due immediately (Unless the payment has not been captured yet and the price needs to be changed for the reasons mentioned at 3.2).
3.4 If the collection of the claim fails, the customer shall reimburse GUARDIAN OF TIME for the additional costs incurred, insofar as the customer is responsible for the failure.
4 – Shipping and delivery
4.1 The products sold by GUARDIAN OF TIME are shipped by Global Shipping Couriers as well as Courier Companies Specialized in Transporting High-Valued goods. All shipments of GUARDIAN OF TIME are fully insured.
4.2 GUARDIAN OF TIME bears the shipping costs.
4.3 Shipments are made to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
4.4 The expected delivery date is indicated to Customer in the respective product description and counts from receipt of payment. The delivery time may be subject to the usual variability of postal deliveries and may be delayed by force majeure and other events outside the control of GUARDIAN OF TIME and its agents.
5 – Warranty
GUARDIAN OF TIME shall provide its Customers the manufacturer’s Warranty of each watch, by the default warranty periods and warranty extension periods given by the manufacturers.
6 – Customer’s obligations
6.1 Customer shall not be permitted to unreasonably overload the technical infrastructure of GUARDIAN OF TIME.
6.2 Customer may not block, overwrite or modify any contents generated by GUARDIAN OF TIME or disrupt the GUARDIAN OF TIME website in any other way.
6.3 The contents stored on the GUARDIAN OF TIME website may not be copied or disseminated or otherwise used or reproduced without the previous consent of the legal owner. This shall also apply to copying using “robot/crawler” search engine technologies or other automatic mechanisms.
6.4 GUARDIAN OF TIME shall be entitled to block customer accounts, if it is suspected that a customer account is being used in a fraudulent manner or misused in other ways. GUARDIAN OF TIME will notify Customer of the blocking, if the purpose of the blocking is not jeopardised by the notification.
7 – Our liability
7.1 GUARDIAN OF TIME strives to always ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Further, access to the GUARDIAN OF TIME website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. GUARDIAN OF TIME strives to limit the duration and frequency of these temporary interruptions.
7.2 In cases of slight negligence, GUARDIAN OF TIME shall be liable in the event that material contractual obligation is infringed. A material contractual obligation within the meaning of this section is an obligation, the performance of which only allows the contract to be executed and upon the performance of which the contractual partner may therefore regularly rely.
7.3 GUARDIAN OF TIME shall not be liable under Section 7.3 for lack of economic success, loss of profits and indirect losses.
7.4 Liability under the above Section 7.3 shall be limited to losses typical and foreseeable as at the date of the conclusion of the contract.
7.5 The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of GUARDIAN OF TIME.
7.6 Any liability of GUARDIAN OF TIME for guarantees given and claims under the Product Liability Act shall remain unaffected.
8 – Right of withdrawal for Consumers
8.1 Cancellation policy if you are a consumer and no contract within the meaning of Section 8.2 exists, you have a right of revocation in accordance with the following instructions:
You have the right to withdraw from this contract within fourteen days without giving any reason.
Return Address:
Ferrari Express SL
c/o GUARDIAN OF TIME BARCELONA SL
Carrer Primer de Maig 17, 08908, Hospitalet de Llobregat, Spain
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us via e-mail [email protected] by means of a clear declaration of your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the communication about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction.
We may refuse repayment until we have received the goods back.
You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of the cancellation of the contract. The deadline is met if you send the goods before the fourteen-day period has expired.
Customer shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
8.2 The right of withdrawal does not apply to distance contracts for the delivery of goods that are not manufactured in advance and the manufacturing of which requires an individual choice or design by Consumer or that are clearly tailored to the personal requirements of Consumer.
The right of withdrawal does not apply for the damages caused by the improper handling of the goods by Purchaser.
The right of withdrawal does not apply if the goods were used, modified, altered in any form (i.e. stickers removed from the watch, watch strap is resized, cut or bracelet links are removed)
9 – Reservation of title
9.1 The goods shall remain the property of GUARDIAN OF TIME until the purchase price is paid in full. The goods may not be pledged, transferred by way of security, processed or reconfigured without the consent of GUARDIAN OF TIME.
9.2 Purchaser shall undertake to handle the goods with care until the purchase price is paid in full.
10 – Information on online dispute resolution
The EU Commission operates a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
11 – Final provisions
11.1 Deviating business terms and conditions of Customer shall not form part of the contract even if GUARDIAN OF TIME does not expressly dispute their validity.
11.2 Customer may only offset against claims of GUARDIAN OF TIME or assert a right of retention if its counterclaim is undisputed, a legal title exists or the counterclaim is synallagmatically in proportion to the respective claim in question.
11.3 The law of the Spain applies under the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply for Consumers with regard to such mandatory consumer rights, which – according to the law applicable if this clause would not exists (which is in general the law of Consumer’s primary residence) – are legally compulsory and cannot be waived by parties‘ agreement.
11.4 Exclusive venue for any and all disputes with regard to this contract is Castelldefels / Barcelona, provided the parties of the contract are merchants or Customer has no place of general jurisdiction in Spain or in another member state of the European Union or its permanent or habitual residence is transferred abroad after entry into force of these Terms and Conditions or permanent or habitual residence is not known at the time the action is filed.
11.5 If individual provisions of this Terms and Conditions are or become ineffective and/or contradict legal provisions, the effectiveness of the remaining Terms and Conditions shall not be affected thereby.