Terms and Conditions
For the business relationship between Bestsmartwatches, the operating company, and the customer, the following general terms and conditions apply exclusively in the version valid at the time of placement of order.
These terms and conditions include the conditions exclusively applicable between you and us, the company Bestsmartwatches, insofar as these are not modified by written agreements between the parties. We are your contractual partner. With your registration in accordance with 2 and with each log-in to our Homepage, you acknowledge these terms and conditions in their valid version as solely decisive.
Modifications to these terms and conditions are communicated to you in writing, by fax or by e-mail. If you do not object to this change within four weeks of receipt of notification, these changes are considered to be approved by you. In the case of modification to the terms and conditions, you will still be separately informed about your right to object and the legal consequences of remaining silent.
2 Registration as a User
Your registration to our trading system takes place cost free. A claim for admission to our trading system does not exist. Only persons of full legal capacity are eligible. You are required to send us a copy of your personal identification at our request. In order to be admitted, you need to fill out the electronic registration form available on our website and send this to us. You must give the information necessary for registration fully and truthfully. Upon registration you will be asked to choose a personal username and password. The username must neither violate the rights of third parties nor any laws relating to the use of names or brands or good morals. You are obligated to keep the password secret and to not give this to any third party under any circumstances.
Apart from the declaration of your consent to the validity of these general terms and conditions, your registration is not linked to any other obligations. You can delete your entry at any time. Only with registration with us does there exist no obligation to purchase with regards to the goods offered by us.
Insofar as your personal information changes, you are solely responsible for updating these. All modifications can be carried out online after registration by going to the “My Account” section.
2a Duties and Obligations of the user
As a user, you ensure that you are entitled to use the relevant payment method at the time of payment.
You are to notify Bestsmartwatches immediately in the case of recognisable defects and faults in the Bestsmartwatches system.
Your username and password with Bestsmartwatchesmust only be used by you and are not transferrable.
Print out your prepaid card directly after receiving it and store it in a safe and secure place.
Keep your password secret and ensure that it is not accessible to third parties. You are obligated to inform Bestsmartwatches immediately should you suspect improper use of your account.
Your prepaid card must not be used for offers whose content breaches valid laws.
In the case of an infringement of the aforementioned obligations or a dispute about the payment with Bestsmartwatches or other obstacles upon collection of payments, Bestsmartwatches is entitled to block access temporarily and completely to the Bestsmartwatches online system with immediate effect. The user must compensate Bestsmartwatches for any damages resulting from violating obligations and must exempt Bestsmartwatches of all detriments which result from his/her damaging actions.
3 Conclusion of Contract
The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding. When you place an order with Bestsmartwatches, we confirm receipt of your order and its particularities by e-mail (order confirmation). This order confirmation does not constitute acceptance of your offer, but should simply inform you that your order has been received by us. A purchase contract is then created when we confirm this by e-mail (contract confirmation). In the case that we send the ordered product directly to you, you will only receive the shipping confirmation. In this case that the contract conclusion takes place with the shipment of the goods. No purchase contract will be created for products from one order which are not listed in the shipment confirmation. The contract is created with Online Bestsmartwatches.
4 Conditions of Payment
The purchase price is due immediately upon order. The payment of the goods takes place after choosing your method of payment. Bestsmartwatches reserves the right to limit the collection risk by making available to each customer the individual choice of payment procedure.
Payment by credit card is only possible for consumers who are over 18. The given house address must match the record for the card account which is made available by the bank which issued the card.
For new customers, there is a ceiling of 100.00 EUR, which is the limit for purchase by credit card on the first day. This limit applies for the entire customer account with Bestsmartwatches. From the following day, the amount of the order is limited to 400 EUR – in the first four months, it is limited to 1500 EUR altogether.
In the case of a rescission of payment and/or an attempt to rescind payment via the card-issuing institute, the corresponding credit card is blocked in the system and no further purchases are possible until clarification of the incident has been given. In the event of a rescission of payment or an attempt to rescind payment in the case of verifiably delivered goods (e.g. virtual PIN), we will charge a handling fee to the amount of 50 EUR per rescission of payment (Chargeback).
Furthermore, Bestsmartwatches reserves the right to press charges in regard to fraud with the relevant authorities (including abroad), in collaboration with the respective provider of the payment system. In the case of payment by credit card, Bestsmartwatches checks and assesses the purchaser information and, if justified, maintains a data exchange with other companies and credit agencies.
The customer has the option to block his credit card from further debiting in the system at any time.
5 Retention of title
The goods remain our property until complete payment has been effected. If you fall more than 10 days behind with the payment, we have the right to withdraw from the contract and claim back the goods.
6 Conditions of delivery
We deliver the goods in accordance with the agreements made with you. Any occurring shipment costs are listed in the product description and are shown separately on the invoice. We would like to point out that in the case of shipment abroad, potentially higher shipping costs, duties and fees or similar may be incurred. The delivery of our goods takes place within two working days after receipt of the payment.
Insofar as we do not provide delivery of the goods in accordance with the contract or at all, you must give us an extended period of two weeks in which to carry out the delivery. Otherwise, you are not entitled to withdraw from the contract.
In the case that the Bestsmartwatches supplier does not supply Bestsmartwatchesr with the ordered goods, in spite of contractual obligations from Bestsmartwatches, Bestsmartwatches is entitled to withdraw from the contract. In this case, the purchaser will be immediately informed that the ordered product is not available. The purchase price, which has already been paid, will be reimbursed without delay.
Information, designs, illustrations, technical information, weight, measurement and performance descriptions which are contained in prospectuses, catalogues, newsletters, advertisements and price lists have a purely informational character. We accept no responsibility for the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the contract confirmation is decisive.
Insofar as there exists a defect which falls under warranty, you are entitled in the context of legal provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
The limitation period of claims under warranty for the delivered goods is two years from receipt of the goods.
8 Limitation of liability
Data communication over the internet cannot be guaranteed to be free of defect and/or available at any time in accordance with the current state of the art. We are therefore liable neither for constant and uninterrupted availability of our online trading system nor for technical and electronic errors during a sales function, over which we have no influence, in particular not for delayed processing or acceptance of offers.
13 Final Provisions
Should individual provisions of this contract be ineffective or contradict the legal regulations, then the contract is not affected by this in general. The ineffective provision is replaced by the contractual parties by mutual consent with a provision which comes closest to the economic sense and purpose of the ineffective provision in a legally effective way. The above regulation applies as compliant in the case of loopholes.