General Terms and Conditions
(for use in business relations with consumers)
Revised: January 2011

I. General

1. These General Terms and Conditions form the exclusive basis for all business relations established between Damasko Collection (hereinafter: "Vendor"), Unterheising 17c, 93092 Barbing, proprietor Petra Damasko, and their customers.

2. Customers within the meaning of these General Terms and Conditions shall mean exclusively consumers within the meaning of section 13 BGB [German Civil Code], i.e. natural persons who are concluding the respective business transaction for a purpose that is not attributable to their business activities either as a tradesman or as a self-employed professional.

3. The General Terms and Conditions shall apply as amended at the time of closing of the contract. They can be obtained free of charge in file format and for printing from www.damasko.de.


II. Conclusion of Contract

1. The Vendor's offers are non-binding. The presentation of goods in the online catalogue as well as in all sales brochures and sales catalogues is an invitation to the customers to make a binding offer to the Vendor.

2. Orders can be made by post, by fax or by e-mail. Every order is a binding offer to conclude a purchase contract for the ordered goods.

3. The purchase contract shall not be concluded until the Vendor sends the customer an explicit order confirmation or ships the ordered goods to the customer.


III. Prices and Terms of Payment

1. All prices are quoted by the Vendor without VAT. In addition to the price of the goods, packaging costs in the amount of € 3.50 and shipping costs in the amount of € 30.00 shall be charged for deliveries within Germany. The costs for deliveries to other countries vary and can be communicated on request.

2. The prices valid at the time of the order shall apply. The Vendor reserves the right to change the quoted prices prior to conclusion of the contract. The Vendor also reserves the right to make technical modifications and optical deviations with regard to ordered goods. In such a case, the Vendor's order confirmation shall
represent an offer deviating from the conclusion of contract, so that the contractor shall therefore only be concluded upon specific acceptance by the customer.

3. Payment of the purchase price shall be made at the customer's option either cash in advance or cash on delivery. In the case of cash on delivery, additional charges shall be incurred which shall be borne by the customer. In the case of deliveries to other countries, payment by the customer shall always be cash in advance. A down-payment of 30% of the purchase price is payable on receipt of the down-payment invoice in the case of customized and single-item production or individually engraved articles.

4. In the case of cash-in-advance payment, the purchase price is payable on receipt of the invoice. In the event of non-payment of the purchase price, the customer shall automatically be in default 2 weeks after the due date for cash-in-advance payment. Even if personal collection is agreed, an invoice with the above legal consequences shall be issued. In the case of cash-on-delivery payment, the purchase price shall be payable on delivery and presentation of the cash-on-delivery parcel label by the shipping company. In the event of non-payment of the purchase price in the case of cash-on-delivery payment, the customer shall be in default immediately upon refusal to make the payment to the shipping company.


IV. Delivery, Transfer of Risk and Vendor's Lien

1. The goods shall be delivered to the destination address specified by the customer at the Vendor's risk. The risk of accidental loss and accidental deterioration of the goods shall transfer to the customer upon the goods being handed over to the customer.

2. The goods shall remain the property of the Vendor until the purchase price is paid in full.

3. If it is not possible to deliver the goods, both parties shall be entitled to rescind the contract, if a contract has already been concluded. In this case any payments already made by the customer shall be refunded forthwith.


V. Customer's Rights in the Case of Defects and Warranty

1. Only the information provided in the order confirmation shall apply with regard to the nature, scope and condition of the goods. Minute surface irregularities, especially in the case of faces with complete Luminova coating, cannot always be avoided for technical reasons and are generally not considered to be defects. In this case the customer shall not have any warranty rights.

2. The customer's rights to cure, rescission of the contract or reduction of the purchase price shall be as set out in the relevant statutory regulations. The
regulations with regard to liability shall apply to any claims for damages in addition to performance and in lieu of performance.

3. Returns must always be made as a trackable parcel. The costs of returning the goods to the Vendor shall be borne by the customer, unless the goods are defective. In this case the goods shall be collected from the Vendor. If the customer wishes to return the goods, the Vendor shall only ship with the shipping company designated by the customer on instruction by the customer. In this case the customer shall also bear the costs of shipping the goods back to him from the Vendor, and he shall bear the risk of any loss or deterioration during shipping that is not the fault of either party.
The above regulations shall also apply if the Vendor performs free service works as a gesture of good will, e.g. makes adjustments to watches.

4. The Vendor's watches and gift items have a two-year warranty with regard to material defects and faulty workmanship. Repairs to the Vendor's products have a one-year warranty with regard to material defects and faulty workmanship. The warranty does not apply to reduced and second-hand goods as well as wearing parts (e.g. watch straps).

5. The warranty lapses if the goods are damaged by accidents, negligence, improper repairs or other circumstances that are not attributable to material defects or faulty workmanship. In order to preserve the warranty, the watches must only be opened by watchmakers using tools suitable for the watch model and qualified to do so. The warranty shall also lapse if changes are made to the watch.
6. If the goods are replaced within the scope of the warranty, the Vendor cannot guarantee that the customer will receive exactly the same goods again. If the customer's original goods are not available, he shall receive goods of similar value and appearance instead.


VI. Liability

1. The Vendor shall not be liable for minor negligence, provided this does not affect essential contractual obligations or guarantees and does not establish claims on the grounds of injury to life, body or health, or claims under product liability law.

2. Should the Vendor also be liable for minor negligence, such liability shall be limited in terms of amount to foreseeable damages typical of the contract.

3. Inasmuch as the Vendor's liability is excluded or limited, this shall also apply to the liability of the Vendor's legal representatives, employees and vicarious agents.


VII. Repairs

If, in the case of a repair order, the customer has approved repairs up to a certain amount and the repair costs do not exceed this amount, the Vendor shall carry out such repairs without further consultation with the customer. If the customer does not specify any amount for the repair costs, repairs costing up to the amount of € 70.00 shall be carried out without further consultation. Otherwise the customer shall be sent an appropriate cost estimate and the customer's approval shall be obtained before carrying out the repairs. A fee of € 10.00 shall be payable for preparation of the cost estimate, which amount shall be refunded or offset against the repair costs if the repairs are then actually carried out.


VIII. Setoff

The customer shall only be entitled to setoff, if his counterclaims have been finally assessed or are undisputed.
IX. Right of Revocation

1. The customer may revoke his declaration of contract within two weeks without stating reasons in written form (e.g. letter, fax, e-mail) or by returning the goods. This period shall commence not earlier than upon receipt of instruction about the right of revocation in written form. A revocation shall be deemed declared within good time if it is sent or the goods are returned to the Vendor within this period. The revocation must be addressed to:
Damasko Collection
Unterheising 17c
93092 Barbing

2. The customer shall not have the right to revocation in the case of delivery of goods manufactured according to the customer's specifications or clearly custom-made for the customer's personal needs.

3. In the case of a valid revocation, the objects/payments received by both parties must be returned/refunded and any benefits (e.g. benefits of use) must be handed over. If the received object/payment cannot be returned in whole or in part, or only in deteriorated condition, the customer shall be obliged to pay the Vendor for loss of value in this respect, if applicable. This shall not apply if the deterioration of goods is due exclusively to examination of the same as would have been possible for the customer in a physical shop, for instance. The customer can also avoid the obligation to pay for loss of value by not using the object as if it were his property and by refraining from any actions that could impair its value.

4. Goods that can be shipped as a parcel shall be returned by the customer. The return shipment shall be at the Vendor's risk. The customer shall bear the costs of return shipment, if the goods delivered correspond with the ordered goods and the price of the returned goods does not exceed an amount of € 40.00, or – in the case of a higher price of the goods – if the customer has not made the payment or a contractually agreed part payment yet at the time of the revocation. Otherwise the return shipment shall be free of charge in the case of a valid revocation.


X. Final Provisions

1. The laws of the Federal Republic of Germany shall apply.

2. Should one or more provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the other Terms and Conditions shall remain unprejudiced.