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General Terms & Conditions - Shop

Onlineshop
General Terms and Conditions

(Stand 29.11.2016)

General terms & conditions in the scope of contracts of sale concluded via the online shop of Uhrenfabrik Junghans GmbH & Co. KG, Geißhaldenstrasse 49, 78713 Schramberg, telephone: +49 (0) 74 22 18-0, VAT no. DE263062081 (hereinafter „Vendor“).

§ 1
Scope, specification of terms

(1)
For the business relationship between the Vendor and Customer the following general terms and conditions apply exclusively, in the version valid at the time of ordering. Deviating terms of the Customer shall not be acknowledged, unless the Vendor expressly agrees to their application in written form in individual cases.

(2)
DThe Customer is a consumer, to the extent that the purpose of the ordered products cannot be primarily attributed to his commercial or freelance vocational activity. A businessman, in contrast, is defined as any natural or legal person or a partnership with legal capacity that acts in the exercising of their commercial or freelance vocational activity in the conclusion of the contract.

§ 2
Conclusion of contract

(1)
The Customer may select products in the online shop from the range of the Vendor in the quantity that he desires and add these to a digital shopping basket by operating the button "Add to shopping basket". After entering his details the Customer can subsequently operate the button "Commit to buy" to submit a binding order for the purchase of the goods in the shopping basket. Prior to sending the order the customer may view the summarised and complete details of his order and amend these where necessary. However, the order can only be submitted and communicated if the Customer has placed a cross in the box" I have read the general terms & conditions and the revocation terms contained therein and agree to their application", thus accepting these general terms & conditions of the Vendor and including them in his order.

(2)
The Vendor shall subsequently send the customer an automatic confirmation of receipt via e-mail. The automatic confirmation of receipt merely documents that the order of the Customer has been received by the Vendor, it does not constitute acceptance of the order. The contract only comes into effect with submission of the order confirmation by the Vendor, sent via a separate e-mail. In this order confirmation, at the latest with the delivery of the goods, the complete contractual text (comprising order, general terms & conditions and order confirmation) shall be sent to the Customer by the Vendor via e-mail to the e-mail address stated (confirmation of contract). The contractual text shall be saved under observance of data protection law.

(3)
The conclusion of contract shall occur exclusively in the German language.

§ 3
Delivery, availability of goods.

(1)
To the extent that no separate or deviating delivery time is stated for the respective product in the online shop, delivery time within Germany is between three and five working days. The delivery time stated by the Vendor is calculated from the time of receipt of order, subject to prior payment of the purchase price. Should the Customer select payment via bank transfer (payment in advance), the delivery time shall be calculated from the time of receipt of payment by the Vendor; this may take a number of days due to the standard processing times of the banks.

(2)
If no examples of the selected product are available at the time of the ordering by the Customer, the Vendor shall notify the Customer of this without delay in the order confirmation. If the product is permanently unavailable for shipping, the Vendor shall refrain from issuing notice of acceptance. A contract shall not come into effect in this case.

(3)
If the product indicated by the Customer in the order is only temporarily unavailable, the Vendor shall also notify the Customer of this without delay in the order confirmation. In the event of a delay in delivery of more than two weeks the Customer shall have the right to withdraw from the contract. The statutory right of revocation of the Customer (see § 9 of these contractual terms) shall not be affected by this. Otherwise, in this case the Vendor shall also be entitled to withdraw from the contract. In this he shall reimburse the Customer without delay for any payments already made.

(4)
The following restrictions on delivery exist: The Vendor shall only ship within Germany. Deliveries to other countries must be agreed by the Customer with the Vendor beforehand via his contact form.

§ 4
Retention of title

The delivered goods remain the property of the Vendor until complete payment of the purchase price.

§ 5
Prices and shipping costs

(1)
All prices stated on the website of the Vendor include the respectively-valid, statutory rate of value-added tax.

(2)
The Vendor ships free of shipping costs to customers within Germany. The goods are shipped by post (generally via GLS). The shipping risk here shall be borne by the Vendor, where the Customer is a consumer.

(3)
In the event of revocation the Customer shall bear the direct costs of the return shipping (cf. revocation terms of § 9).

§ 6
Payment arrangements

(1)
The Customer may make payment via bank transfer (payment in advance), credit card, instant transfer and PayPal.

(2)
The form of payment saved in the user account of the Customer may be amended at any time.

(3)
Payment of the purchase price falls due immediately after conclusion of contract. The Customer shall be in default at the latest where the Vendor has received no payment within 30 days of receipt of the invoice. In this case he shall be required to pay the Vendor default interest to the amount of 5 percentage points above the basic rate.

(4)
The obligation of the Customer to pay default interest does not exclude the enforcement of further compensation for loss incurred by default by the Vendor.

§ 7
Warranty for material defects, guarantee

(1)
The Vendor shall be liable for material defects in accordance with the relevant statutory regulations, in particular §§ 434 et seq. German Civil Code - BGB. The limitation period for statutory claims for defects is two years, commencing with delivery of the goods.

(2)
Moreover, the Vendor shall also provide an additional two-year manufacturer's guarantee for his products, from the date of purchase. The details and terms for enforcement of the guarantee can be found in the respective product description in the online shop as well as the guarantee card enclosed with the products of the Vendor. The statutory rights of the Customer are not restricted by the guarantee.

§ 8
Liability

(1)
Claims of the Customer for compensation are excluded. Excluded from this are claims of the Customer for compensation for breach of duty of care for life, limb or health or for breach of key contractual obligations as well as liability for other loss caused by the intentional or grossly negligent breach of duty of the Vendor, his legal representatives or agents. Key contractual obligations are those whose fulfilment is required for achieving the goals of the contract.

(2)
In the case of breach of key contractual obligations the Vendor shall only be liable for foreseeable damage typical for this type of contract where this is caused negligently, unless the claims for compensation of the Customer arise from breach of duty of care for life, limb or health.

(3)
The limitations of the above paragraphs 1 and 2 shall also apply in favour of the legal representatives and agents of the Vendor, where claims can be enforced directly against these.

(4)
The terms of product liability law are not affected.

§ 8
Revocation terms and conditions

(1)
If the Customer is a consumer, where concluding a distant selling transaction he has a statutory right to revocation, which the Vendor illustrates below using the statutory model. The exceptions to the right of revocation are regulated in paragraph 2 below. Paragraph 3 below contains a sample revocation form.

Revocation terms and conditions

Right of revocation
You have the right to revoke this contract within fourteen days, without statement of grounds.

The revocation period comprises fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of revocation you are required to inform us (Uhrenfabrik Junghans GmbH & Co. KG, Geißhaldenstrasse 49, 78713 Schramberg, telephone: +49 (0) 7422 180, fax: +49 (0) 7422 18665, e-mail: info@junghans.de) via a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed sample revocation form for this, although this is not a requirement.

To observe the revocation period it is sufficient for you to send the notification of the exercising of the right to revocation prior to the passing of the revocation period.

Consequences of revocation
If you revoke this contract, we shall repay to you all payments that we have received from you, including shipping costs (with the exception of the additional costs incurred by you using a form of delivery other than the economical, standard form of delivery offered by us), without delay and at the latest within fourteen days from the day on which the notification of your revocation of this contract was received by us. For this repayment we will use the same form of payment with which you made the original transaction, unless an alternative has been expressly agreed with you; in no case shall fees be charged to you for this repayment.

We may refuse to effect repayment until we have received the goods back again or before you have provided evidence that you have sent the goods back, depending on which is the earlier occurrence.

You shall send back or handover the goods to us without delay and in any case at the latest within fourteen days from the day on which you notify us of the revocation of this contract. The deadline shall be met where you send the goods prior to the passing of the fourteen-day period.

You shall bear the direct cost of returning the goods.

You shall only be required to compensate any loss of value of the goods where this loss of value is due to you handling the goods in a manner not necessary to inspect them for condition, characteristics and function.

 

(2)
The right of revocation shall not exist for contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or specification by the Customer is central, or that are clearly tailored to the personal requirements of the Customer.

(3)
The Vendor uses the sample revocation form to inform in accordance with the statutory requirements, as follows:

Sample revocation form

(If you wish to revoke the contract, please complete this form and send it back to us.)

To: Uhrenfabrik Junghans GmbH & Co. KG, Geißhaldenstrasse 49, 78713 Schramberg, fax: +49 (0) 7422 18665, e-mail: info@junghans.de

I/we (*) hereby revoke the contract contracted by me/us (*) for the purchase of the following goods (*)

  • - Ordered on (*)/received on (*)
  • - Name of Consumer(s)
  • - Address of Consumer(s)
  • - Signature of Consumer(s) (only for notification on paper)
  • - Date

(*) cross out where inapplicable

 

§ 10
Copyright

All pictures, films and texts published and used in the online shop are protected by copyright. The use of the pictures, films and texts is not permitted without the express authorisation of the Vendor or the respective copyright holder.

§ 11
Final terms

(1)
Contracts between the Vendor and the Customer are subject to the law of the Federal Republic of Germany, with exclusion of the UN convention on contracts for the international sale of goods. The statutory regulations for limiting the choice of law and the application of mandatory provisions, in particular of the state in which the Customer has his normal place of abode as consumer are not affected.

(2)
If the Customer is a businessperson, a legal entity under public law or a special fund under public law, then place of jurisdiction for all disputes concerning contractual relationships between the Customer and the Vendor is the registered office of the Vendor, Schramberg.

(3)
These general terms & conditions remain binding in the remainder of their parts also in the event of the legal invalidity of individual points. The invalid points shall be replaced by statutory provisions, where these exist. However, if these should represent an unreasonable hardship for the Customer, the contract as a whole shall become invalid.