General terms and conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Shaghafi GmbH) via the www.raptor-watches.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store on the order overview page.
Before submitting the order, you have the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase.
By sending the order via the “order with obligation to pay” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Customized goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
§ 4 Provision of services for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.
(2) You are obliged to cooperate, in particular you must describe the existing defect on the device as comprehensively as possible and make the defective device available.
(3) You shall bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including sending the device for shipment, will be carried out within 5 - 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).
(5) If you make use of your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if the statutory right of revocation exists, this shall only apply if you only exercise your right of termination after the expiry of the revocation period. You reserve the right to prove that we have actually incurred no or significantly lower costs.
§ 5 Special agreements on payment methods offered
(1) Purchase by direct debit via Billpay; SEPA direct debit mandate; processing fee for returned direct debits
(a) When purchasing by direct debit via Billpay, the payment amount is due immediately for payment by direct debit by our external partner Billpay GmbH https://www.billpay.de/endkunden/ (https://www.billpay.de/endkunden/) from the current account specified in the order process at the bank specified there (the current account). You hereby grant Billpay GmbH a SEPA direct debit mandate to collect payments due and instruct your financial institution to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be sent to you at a later date by e-mail together with a template for a written mandate. You will also sign this written mandate and send it to Billpay.
Note: You can request a refund of the debited amount within eight weeks of the debit date. The conditions agreed with your bank apply. Please note that the amount due remains due even in the event of a returned direct debit. Further information can be found at https://www.billpay.de/sepa/ (https://www.billpay.de/sepa/)
The advance information on the collection of the SEPA direct debit will be sent to you by e-mail at least one day before the due date to the e-mail address you provided during the ordering process.
If the current account does not have the required funds, the bank holding the account is not obliged to honor the direct debit. Partial redemptions are not made by direct debit.
b) The payment method purchase by direct debit is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH and a current account held in Germany. If you are permitted to pay by direct debit for certain offers after a credit check, the payment will be processed in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, you can only make payment to Billpay GmbH with debt-discharging effect. We remain responsible for general customer inquiries (e.g. regarding goods, delivery time, shipment), returns, complaints, revocation declarations and returns or credit notes, even if the purchase is made by direct debit via Billpay. The General Terms and Conditions http://www.billpay.de/allgemein/datenschutz/ (http://www.billpay.de/allgemein/datenschutz/) of Billpay GmbH apply.
(c) By specifying the current account, you confirm that you are authorized to direct debit via the corresponding current account and that you will provide the necessary funds. Returned direct debits are associated with a high level of effort and costs for us and Billpay GmbH. In the event of a returned direct debit (due to insufficient funds in the current account, expiry of the current account or unjustified objection by the account holder), you authorize Billpay to re-submit the direct debit for the payment obligation due in each case. In such a case, you are obliged to pay the costs incurred by the returned direct debit. We reserve the right to assert further claims. You will be given the opportunity to prove that the chargeback resulted in lower costs or no costs at all. In view of the effort and costs involved in return debit notes and in order to avoid the processing fee, you are requested not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the payment will be reversed by transferring back the corresponding amount or by crediting it.
(2) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna (http://www.klarna.com/) we offer you the invoice purchase and the installment purchase as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.
Klarna invoice
When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for purchase on account here (https://cdn.klarna.com/1.0/shared/content/legal/terms/17240/de_de/invoice?fee=0,00).
Klarna installment purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). Further information on Klarna installment purchase, including the general terms and conditions and the European standard information for consumer credit, can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/17240/de_de/account).
Data protection notice
Klarna checks and evaluates your data and exchanges data with other companies and credit agencies if there is a legitimate interest and reason to do so. Your personal data will be processed in accordance with the applicable data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf) and in accordance with the information in the Klarna Privacy Policy.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
Shaghafi GmbH
Kanalstrasse 97
D-48432 Rheine
Germany
☎ Phone: +49 (0)5971/899086-855
✉ eMail: raptor@shaghafi.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3 Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and terms of payment
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6 Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7 Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8 Termination
8.1 Information on the termination of the contract and the terms of termination can be found in the provisions on “Repair services” in our General Terms and Conditions (Part I) and in the respective offer.