Terms of service
Last updated: 13 August 2026
1. Scope
1.1 These General Terms and Conditions (hereinafter "Terms") of Holzkern - a brand of Time for Nature GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop and offline shops. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed in writing. If the Seller has a long-term business relationship with the Customer, these Terms also apply if their validity is not specifically referred to. The Terms also apply to follow-up orders, even if they are not separately agreed orally or in writing.
1.2 A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these Terms 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 a legal transaction.
1.3 Employees of our company are not permitted to make commitments that deviate from these Terms. Oral agreements are only effective if they are confirmed in writing by the Seller.
2. Conclusion of contract
2.1 The Customer's order constitutes an offer. A contract is only concluded upon acceptance by the Seller. The Customer is notified of the Seller's acceptance by email. The Customer's offer is accepted by dispatch of the goods. The transmission of the shipping notification constitutes additional evidence of the acceptance of the Customer's offer.
2.2 The order is placed in the following steps:
- Selection of the desired goods
- Personal details, shipping and billing address
- Selection of the payment method
- Review of the details and, if necessary, correction of the data entered
- Confirmation by clicking the "Order with obligation to pay" button
- Binding submission of the order
Information window with the message: "Thank you for your order! You will shortly receive an order confirmation by email"
2.3 An order is only possible if all mandatory fields marked with * in the order form have been completed. If information is missing or the Seller cannot fulfil the order for other reasons, the Customer receives an error message. Before finally submitting the order, the Customer has the opportunity to correct it. The Customer receives supporting detailed information directly during the ordering process. As soon as the ordering process is completed, the Customer is notified by the information window "Thank you for your order! You will shortly receive an order confirmation by email". This notification by the Seller does not yet constitute acceptance of the Customer's offer.
2.4 Once the order has been received by the Seller, the Customer is notified of its receipt at the email address provided. This notification by the Seller does not yet constitute acceptance of the Customer's offer.
2.5 The Customer is bound by their order (their offer) for five days from its receipt by the Seller. If the Seller does not accept the offer within this period, the Customer is no longer bound. The statutory right of withdrawal remains unaffected. The day the order was received can be seen from the confirmation of receipt.
2.6 We send you the contract text (order data and Terms) and the cancellation policy with the order confirmation by email on a durable medium; beyond that, the contract text is not stored for online retrieval. If the Customer wishes to save the contract text after ordering, they can proceed as follows: use the usual function of your internet program (browser: usually "File" -> "Save as"). You can also download and archive this document in PDF form using the "Save as PDF" function. To open the PDF file, you need the free program Adobe Reader (at https://www.adobe.de) or comparable programs that support the PDF format.
2.7 The Customer can also easily archive the data of their order by saving the data summarised on the last page of the ordering process in the online shop using the functions of their browser, or by waiting for the email with which the Seller accepts the Customer's offer. This email also contains the data of the order and the Terms or other information obligations and can easily be printed or saved with an email program.
2.8 The language of the contract is German.
3. Right of withdrawal
3.1 The term "Rücktrittsrecht" (right of rescission) customary in Austria corresponds to the term "Widerrufsrecht" (right of withdrawal) customary in Germany and used in the Consumer Rights Directive. The Seller therefore uses the equivalent pair of terms "right of withdrawal (right of rescission)". The withdrawal information uses only the term "right of withdrawal", which is equivalent to the Austrian term "right of rescission".
3.2 Details can be found on the returns page (including the returns form).
4. Prices, terms of payment and default interest
4.1 Unless otherwise stated in the Seller's product description, the prices given are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union. In deviation from this, the Seller bears the import duties for the countries listed on its shipping information page (currently including Canada, Liechtenstein, Switzerland, the USA and the United Kingdom); to that extent, no import duties are incurred by the Customer.
4.3 Various payment options are available to the Customer, which are specified in the Seller's online shop and in the payment terms section.
4.4 If immediate bank transfer (payment in advance) has been agreed for a purchase via the online shop, payment is due immediately after conclusion of the contract.
4.5 If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.6 Payment by credit card is processed via the payment service provider Stripe. The provider is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The payment and contact data required for payment processing are transmitted to Stripe. Stripe's privacy provisions apply in addition.
4.7 If a payment method offered via Klarna is selected (e.g. invoice, instalment purchase), we transmit the data required for payment processing to Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Klarna may carry out an identity and credit check to decide on the respective payment method. Details on this and on the data processed by Klarna can be found in Klarna's privacy notice.
4.8 If the Customer is in default of payment, the Seller is entitled, at its option, to claim compensation for the damage actually incurred or default interest at the statutory rate. This amounts to 4% p.a. towards consumers (§ 1000 (1) ABGB, Austrian Civil Code) and 9.2 percentage points p.a. above the base rate towards entrepreneurs (§ 456 UGB, Austrian Commercial Code).
4.9 Towards entrepreneurs, the Seller is entitled to charge compound interest from the day the goods are handed over in the event of default of payment. Towards consumers, compound interest can only be charged in accordance with § 1000 (2) ABGB, in particular from the day the dispute becomes pending.
5. Reminder and collection fees
If the entrepreneur (B2B) is in default with a payment, the creditor is entitled, in addition to the statutory default interest, to reimbursement of the collection costs, but at least to a lump sum of EUR 40 in accordance with § 458 UGB. This claim exists regardless of fault. This lump sum does not apply towards consumers.
6. Delivery and shipping conditions
6.1 The Seller is only obliged to perform once the Customer has fulfilled all obligations required for performance.
6.2 The Seller usually dispatches the order from Vienna on the same working day (working days are Monday to Friday). Unless otherwise agreed, the delivery time for standard shipping is 3 to 7 working days. Shorter delivery times apply to the paid shipping methods (Priority 2 to 4 working days; Express 1 to 3 working days depending on the destination country); the availability of the respective shipping method and the delivery time applicable in the individual case result from the respective product page, the shipping method selected at checkout and the order confirmation. For orders of several products, we ship all products together, so the delivery time depends on the availability of all products ordered; as we produce in small series, delivery may take longer accordingly.
6.3 Towards entrepreneurs, the Seller is entitled to exceed the agreed dates and delivery periods by up to one week; only after this period has expired is the entrepreneur entitled to withdraw from the contract after setting a reasonable grace period. The delivery times stated are guideline values; as we produce in small series and ship collective orders together, delays may occur. If the Seller is in default of delivery towards a consumer, the consumer is entitled to withdraw from the contract in accordance with § 918 ABGB after setting a reasonable grace period; mandatory consumer protection provisions remain unaffected.
6.4 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed.
6.5 The Seller bears the costs of shipping from the Seller to the Customer if the Customer is a consumer.
6.6 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the Customer or to a third party designated by the Customer other than the carrier. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or person or institution otherwise designated to carry out the shipment themselves and the Seller has not previously proposed this forwarding agent, carrier or person or institution to the Customer as an option.
6.7 Collection by the Customer is not possible for logistical reasons.
7. Default of acceptance
7.1 If the Customer has not accepted the goods as agreed (default of acceptance), the Seller is entitled, after an unsuccessful grace period, either to store the goods itself, for which the Seller may charge a storage fee of 0.1% of the gross invoice amount per commenced calendar day, or to store them with an authorised business at the Customer's expense and risk. At the same time, the Seller is entitled either to insist on performance of the contract or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks and to otherwise dispose of the goods. Towards consumers, a storage fee is only charged to the extent that it corresponds to the expense actually incurred; the judicial right of moderation (§ 1336 (2) ABGB) and the consumer's right to prove a lower expense or no expense at all remain unaffected.
7.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that made delivery impossible or if the Customer was temporarily prevented from accepting the service offered, unless the Seller had announced the service to the Customer a reasonable time in advance.
8. Warranty
In the event of defects, the statutory warranty provisions apply. In deviation from this, the following applies:
8.1 For entrepreneurs
- an insignificant defect generally does not give rise to warranty claims;
- the Seller may choose the type of remedy;
- the limitation period does not start again if a replacement delivery is made under the warranty.
8.2 If the Customer acts as an entrepreneur, they are subject to the obligations to inspect and give notice of defects under § 377 UGB. If these are omitted, the goods are deemed approved.
8.3 If the Customer acts as a consumer, they are asked to complain to the delivery agent about goods delivered with obvious transport damage and to inform the supplier of this. If the Customer (consumer) does not comply with this, this has no effect whatsoever on their warranty claims.
8.4 Complaints based on statutory warranty claims or other complaints can be made using the contact details given in the legal notice.
8.5 The Seller bears the return and shipping costs for the exchange of defective goods under the statutory warranty if the Customer is a consumer.
9. Damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in consumer transactions, to damage to items accepted for processing. Unless it is a consumer transaction, the injured party must prove the existence of slight or gross negligence. The provisions on damages contained in these Terms or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
10. Indemnification in the event of infringement of third-party rights
If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the Customer, the Customer must ensure that the content provided by them to the Seller for processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The Customer indemnifies the Seller against claims of third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer also bears the reasonable costs of the necessary legal defence, including all court and lawyers' fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for examining the claims and for a defence.
11. Retention of title
11.1 The Seller retains title to the goods delivered until the purchase price has been paid in full. The buyer bears the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
11.2 If the buyer is in default of payment, the Seller is entitled to assert its rights under the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract unless the Seller expressly declares its withdrawal from the contract. Any withdrawal by the Seller is without prejudice to the claim for damages for non-performance. In addition, the buyer owes the Seller a reasonable fee for the use of the purchased item. The Seller must reimburse payments received to the buyer within 14 days after the return of the purchased item, provided that there are no claims under the previous paragraph or these have been paid by the buyer beforehand.
11.3 The buyer undertakes to notify the Seller by email of any legal action or enforcement concerning the purchased item within 7 working days of service of the document initiating the proceedings.
11.4 If the buyer sells the delivered goods to a third party before having paid the purchase price to the Seller in full, the buyer hereby assigns to the Seller the purchase price due to them from this third party from the resale as security for the (remaining) purchase price claim.
11.5 The buyer undertakes to make an entry in their books about the assignment of the resale proceeds no later than at the time of the resale.
11.6 If the buyer sells the delivered goods to a third party against cash payment before having paid the purchase price to the Seller in full, they accept the amount required to pay the (remaining) purchase price claim from the resale proceeds in trust for the Seller. They are obliged to keep this amount separate from their other assets and to identify and hold it as trust money of the Seller. The trust deposit must be paid into the Seller's bank account (IBAN: AT95 3444 2000 0036 3978, BIC: RZOOAT2L442) immediately and waiving any objection and defence. The waiver of defences does not cover claims of the buyer against the Seller based on a final judgment or acknowledged in writing by the Seller.
11.7 Before payment of the purchase price for the purchased item, the buyer is only entitled to resell without simultaneously receiving the purchase price on condition that, at the same time as the resale, they (1) notify the second buyer of the advance assignment of the resale proceeds within the meaning of this agreement, (2) instruct them individually and in writing to pay the purchase price only into the Seller's account (AT95 3444 2000 0036 3978, BIC: RZOOAT2L442) and (3) note the resale in their (the buyer's) books.
12. Seller's right of withdrawal / unjustified withdrawal by the Customer
12.1 In the event of default of acceptance (section 7) or other important reasons, such as default of payment by the Customer, the Seller is entitled to withdraw from the contract if it has not yet been fully performed by both parties. In the event of withdrawal, the Seller may, if the Customer is at fault, choose to claim lump-sum damages of 15% of the gross invoice amount or compensation for the damage actually incurred. If the Customer is in default of payment, the Seller is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
12.2 If the Customer withdraws from the contract without being entitled to do so or demands its cancellation, the Seller may choose to insist on performance of the contract or to agree to its cancellation; in the latter case, the Customer is obliged, at the Seller's option, to pay lump-sum damages of 15% of the gross invoice amount or the damage actually incurred.
12.3 Towards consumers, the lump-sum damages under 12.1 and 12.2 are subject to the judicial right of moderation under § 1336 (2) ABGB. The consumer remains entitled to prove that no damage or only lower damage has been incurred.
13. Right of retention
If it is not a consumer transaction, the Customer is, in the event of a justified complaint and except in cases of reversal of the contract, not entitled to retain the entire gross invoice amount but only a reasonable part of it.
14. Redemption of promotional vouchers
14.1 Discount codes that are issued free of charge by the Seller as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Discounts") can only be redeemed in the Seller's online shop and offline stores and only within the stated period.
14.2 Individual products may be excluded from the discount promotion if a corresponding restriction results from the content of the promotion. Products that are already reduced are generally excluded from discounts and promotions unless otherwise communicated in the content of the promotion.
14.3 Discounts can only be redeemed before the ordering process or payment is completed. Subsequent offsetting is not possible.
14.4 Only one discount can be redeemed per order / per purchase.
14.5 Discounts and promotions cannot be combined. If a discount code is used and a promotion is also entered via the order comment, it is at the Seller's discretion to decide which promotion is fulfilled.
14.6 In the case of a discount code with a fixed value, the value of the goods must at least correspond to the amount of the discount. Any remaining credit is not refunded by the Seller.
14.7 The credit of a discount code is neither paid out in cash nor does it bear interest.
14.8 The discount is not refunded if the Customer returns goods paid for in full or in part with the discount under their statutory right of withdrawal.
14.9 The discount code is transferable. The Seller may perform with discharging effect to the respective holder who redeems the discount code in the Seller's online shop or offline stores. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.
15. Place of performance / applicable law
15.1 The place of performance is the Seller's registered office.
15.2 This contract is governed by substantive Austrian law, excluding the conflict-of-law rules of private international law (e.g. Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. Towards a consumer, this choice of law only applies to the extent that it does not restrict mandatory statutory provisions of the state in which the consumer has their domicile or habitual residence.
16. Place of jurisdiction
The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the Seller's registered office has exclusive local jurisdiction for deciding all disputes arising from this contract.
17. Batteries
Holzkern watches are of course shipped with a battery. At the end of their service life, batteries can be returned to us. We guarantee proper and environmentally friendly disposal of the batteries. Batteries that contain pollutants are marked with chemical symbols (Cd for cadmium, Hg for mercury, Pb for lead). Pb = battery contains lead, Cd = battery contains cadmium, Hg = battery contains mercury. Please never dispose of batteries with household waste.
18. Guarantee conditions
18.1 The guarantee is only granted to consumers, not to businesses, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
18.2 The guarantee period of 24 months begins on the invoice date. Our guarantee applies worldwide. If defects in our products occur during this period, we as guarantor grant you one of the following services under the guarantee at our discretion:
- free repair of the goods or
- free replacement of the goods with an equivalent item (if necessary also a successor model if the original goods are no longer available).
18.3 In the event of a guarantee claim, please contact us as guarantor:
Holzkern - a brand of Time for Nature GmbHAutokaderstraße 33/11.3
1210 Vienna
Austria
Email: hallo@holzkern.com
18.4 Guarantee claims are excluded for damage to the goods caused by:
- improper or incorrect handling of the goods, in particular breakage and glass damage resulting from this
- environmental influences (moisture, extreme cold or heat, overvoltage, dust, etc.), in particular damage caused by moisture and water
- failure to observe any safety precautions
- failure to observe the operating instructions
- use of force (e.g. impact, knock, fall)
- unauthorised repair attempts
18.5 Changes in the colour and wood of the goods (patina, colour, structural changes) and leather straps are excluded from the guarantee.
18.6 A claim under the guarantee requires that you enable us to examine the guarantee case by sending in the goods. Care must be taken to avoid damage to the goods in transit by appropriate packaging. To claim the guarantee, you must enclose a copy of the original invoice for the shipment. Please understand that we may refuse the guarantee service without this copy of the invoice, as it serves to calculate the guarantee period. If the guarantee claim is justified, we will provide the guarantee service within 30 days of the goods being sent to us. The freight costs for sending the goods to us and for returning the goods to you are borne by us as part of the guarantee service and are reimbursed by us as part of the guarantee service. However, you bear the risk of deterioration or loss in transit of the goods sent in as part of the guarantee service or returned to you by us.
Note: Your statutory rights against us under the purchase contract concluded with us are in no way restricted by this guarantee. In particular, any existing statutory warranty rights against us remain unaffected by this guarantee. If the purchased item is defective, you can therefore always claim against us under the statutory warranty, regardless of whether a guarantee case exists or the guarantee is used.
19. Severability clause
Should provisions of this contract be or become legally ineffective, invalid and/or void, this does not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the ineffective, invalid and/or void provision with one that is legally effective and valid and that corresponds as closely as possible and legally permissible to the economic effect of the replaced provision.
20. Competitions on Facebook and Instagram
20.1. Participation in Holzkern competitions is only possible subject to these conditions of participation. By participating in competitions, the participant accepts the competition conditions of participation. Holzkern runs competitions on Facebook and Instagram. The competitions are not supported by Facebook and are in no way associated with Facebook. Facebook is merely the platform on which Holzkern runs the competition.
20.2. All natural persons with legal capacity aged at least 14 can participate. Employees or persons in a business relationship with Holzkern are excluded from participation. By participating, the participant agrees that their name and/or picture may be published on the internet if they win. Participation is possible during the period stated in the post. The closing date can also be found in the competition post. Participation is only possible within the period stated in the competition description. Recourse to the courts is excluded.
20.3. Liability: Claims for damages against Holzkern in connection with the competition are excluded, within the limits permitted by law and regardless of the legal basis, unless Holzkern has breached statutory obligations intentionally or with gross negligence. Furthermore, Holzkern is not liable for damage resulting from impaired availability of the competition post, for technical faults and events of force majeure that cannot be influenced, or for attacks by third parties on the competition post. Holzkern will nevertheless do everything to ensure the reliability and functionality of the competition posts. Furthermore, Holzkern does not guarantee that the competition post functions properly on the respective participant's computer.
20.4. Holzkern ensures the highest possible data protection standard in the competition and observes all relevant statutory provisions. Holzkern will not pass on any personal data to third parties or sell address data. Holzkern stores the personal data of the respective participant exclusively for the purpose of the competition. The participant hereby expressly consents to the storage and use of the personal data provided for the above purpose.
20.5. Severability clause: Should individual provisions of these conditions of participation be invalid or should there be a gap in the provisions, this does not affect the validity of the remaining provisions. The invalid or missing provisions are replaced by a provision that comes closest to the purpose of the contract and the statutory provisions.
20.6. Selection procedure: The winner is selected in the way announced in the post (random draw or jury decision). Recourse to the courts is excluded.
Additional terms for promotions with lottery tickets:
20.7 Combined redemption of several tickets is excluded.
20.8 Cancellation or return of an order provided with a ticket during the promotion period renders the winning ticket invalid.
20.9 The winning tickets cannot be combined with another promotion.
20.10. If, due to a problem in the logistics process, there is no ticket in an order shipped during the promotion period, there is no entitlement to a replacement.
20.11 One single ticket is enclosed with each order shipped during the promotion period, regardless of how many products the order contains.
20.12 Winning tickets cannot be exchanged if the customer is not satisfied.
20.13. Subsequent redemption of a winning ticket against the order with which the winning ticket was received is not possible.
20.14 Contact: If you have any questions regarding the conduct of this competition and the processing and use of personal data, please contact: hallo@holzkern.com
21. Data protection and cookie policy
PRIVACY POLICY
Information on the processing of personal data can be found in our separate privacy policy, available at https://holzkern.com/policies/privacy-policy. It is not part of the contract and serves exclusively to provide information in accordance with Art. 13 GDPR.