Conditions générales de service
Online service portal
General Terms and Conditions
(Version 10.02.2023)
General terms and conditions for contracts for the provision of repair services concluded via the online service portal of Uhrenfabrik Junghans GmbH & Co. KG, Geißhaldenstrasse 49, 78713 Schramberg, Germany, Phone: +49 (0) 74 22 18-0, VAT ID No. DE263062081 (hereinafter referred to as the "Provider").
Section 1
Scope | Definitions
(1)
For the business relationship between the Provider and the Customer, only the following General Terms and Conditions in the version valid at the time that the order was placed shall apply. Any deviating conditions of the Customer shall not be acknowledged unless the Provider expressly agrees to this on an individual basis and in writing.
(2)
Within the meaning of these Terms and Conditions and pursuant to Section 13 of the German Civil Code (hereinafter: BGB), a consumer is defined as any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. Within the meaning of these Terms and Conditions and pursuant to Section 14 of the BGB, a trader is a natural or legal person or a partnership with legal personality who or which, when concluding a legal transaction, acts in exercise of their trade, business or profession. Within the meaning of these GT&Cs, Customers are consumers or traders.
Section 2
Conclusion of the contract
(1)
After describing the product to be repaired and the repair case, the Customer can decide whether they would like to enquire about the repair with a prior cost estimate, with assertion of a guarantee, up to a certain maximum amount or without a prior cost estimate in the online service portal. The Customer can then enter their details. Before sending their enquiry, the Customer can view a summary and make any necessary changes.
a)
If the Customer has chosen a repair with a cost estimate or with the assertion of a guarantee, their request is forwarded to the Provider once they have clicked on the "Send repair enquiry” button.
b)
If the Customer has selected a repair without a cost estimate or a repair up to a certain maximum amount, the binding repair order is forwarded to the Provider once the "Assign repair order (with costs)” button has been clicked. The costs of repair without a cost estimate or up to a certain maximum amount are based on the Provider’s general Price list. If the actual costs of the repair deviate from the Provider’s general price list, the Provider shall contact the Customer by e-mail and ask them to approve these costs separately. The order is then placed in the same way as a repair with a cost estimate.
(2)
The repair order or repair enquiry can only be submitted and forwarded to the Provider if the Customer has entered the necessary personal information and accepted these General Terms and Conditions by ticking the box "I have read and agree to the General Terms and Conditions and the cancellation policy contained therein”, thereby including them in their enquiry or order. By ticking the appropriate box, the Customer can also confirm that the Provider should start the repair before the end of the statutory cancellation period, that they are aware that their right of cancellation expires upon complete fulfilment of the contract by the Provider and that in the event of partial fulfilment they must pay pro rata compensation for the value of the repair services provided up to the time of cancellation. If the customer does not do this, the Provider will not start the repair until the statutory two-week cancellation period has expired (cf. Cancellation policy under Section 8, Para. 1 below).
(3)
After the "Send repair enquiry" or "Assign repair order (with costs)” button has been clicked, an order number is assigned to the repair case. The Customer can also create a consignment note by pressing the corresponding button. The Customer shall then send the product to be repaired together with the printed consignment note or order number to the Provider by post with sufficient postage and at their own risk. Shipments without a consignment note or order number shall not be accepted by the Provider.
(4)
As soon as the Provider receives the Customer's shipment together with the repair order or the repair enquiry, the Customer will receive a confirmation of receipt by e-mail. This confirmation of receipt merely documents that the Customer's shipment and repair order or the repair enquiry has been received by the Provider. It does not yet constitute acceptance of the repair order. The Customer can view the status of their enquiry at any time via their customer account.
(5)
The contract for the repair shall only be concluded once the Provider has issued an order confirmation sent in a separate e-mail in accordance with Points a) to d) below. In this order confirmation, the Provider also sends the complete text of the contract (consisting of the repair order, the GT&Cs and the order confirmation) to the e-mail address provided by the Customer.
a)
If the Customer has chosen a repair with prior cost estimate, the Provider shall send the Customer a binding cost estimate by e-mail after inspecting the product to be repaired. The Customer can then confirm this in their customer account within four weeks by clicking on the "Assign repair order (with costs)” button and forwarding it to the Provider. The Provider shall confirm the Customer’s binding repair order with an order confirmation within 14 days after receiving the repair order at the latest.
b)
If the Customer has chosen a repair under assertion of a guarantee, the Provider shall first check whether the guarantee can be asserted. If it can, the Customer shall receive a corresponding confirmation by e-mail.
If the guarantee cannot be asserted, the Provider shall send the Customer a binding cost estimate by e-mail. The Customer can then confirm this their customer account within four weeks by pressing the "Assign repair order (with costs)” button and forwarding it to the Provider. The Provider shall confirm the Customer’s binding repair order within 14 days after receiving the order with an order confirmation.
c)
If the Customer has ordered a repair up to a certain maximum amount, the Provider shall inspect the product to be repaired first.
If the repair costs are below the maximum amount indicated by the Customer and the actual costs of the repair do not deviate from the Provider's general price list, the Provider shall confirm the Customer's binding repair order with an order confirmation within 14 days after receiving the order,
If the costs are higher than the maximum amount indicated by the Customer or if the actual costs of the repair deviate from the Provider's general price list, the Provider shall send the Customer a binding cost estimate by e-mail after inspecting the product to be repaired. The Customer can then confirm this in their customer account within four weeks by clicking on the "Assign repair order (with costs)" button and forwarding it to the Provider. The Provider shall confirm the Customer’s binding repair order within 14 days after receiving the order with an order confirmation.
d)
If the Customer has ordered a repair without a prior cost estimate, the Provider shall first inspect the product to be repaired and then confirm the Customer's binding repair order with an order confirmation within 14 days after receiving the order, provided that the repair costs do not deviate from the Provider's general price list. If the repair costs do deviate from the Provider's general price list, the Provider shall first send the Customer a binding cost estimate. The contract shall then be concluded in accordance with the provisions in Point c Lines 3 – 4.
(6)
The contract shall be concluded exclusively in the German language. The text of the contract is stored in compliance with the applicable data protection laws.
(7)
If the Customer has chosen a repair with a cost estimate, or if a cost estimate is required according to the provisions set out in Section 2, Para. 5, and if the Customer does not accept the Provider's cost estimate within the aforementioned period of four weeks by placing a repair order, the Provider shall ask the Customer to place the repair order a second time by e-mail. If a repair order based on the cost estimate is not placed within two weeks of this second e-mail being sent, the Provider shall return the product to be repaired to the Customer by post (usually by GLS) at their own expense. The Customer shall bear the shipping risk.
Section 3
Duration of the repair | Payment request
(1)
Unless a different repair time is specified in the cost estimate or order confirmation, the repair time shall be between 12 and 14 weeks.
(2)
Unless the Customer confirms that the Provider is to start the repair before the expiry of the statutory cancellation period by ticking the appropriate box when placing the order, the regular repair time or the repair time specified in the cost estimate shall be extended by the duration of the statutory cancellation period, i.e. by two weeks.
(3)
The repair time stated by the Provider is calculated from the time that the order confirmation was sent by the Provider.
(4)
As soon as the repair is complete, the Customer will be notified by e-mail. In this e-mail, the Customer will be asked to pay for the repair order via their customer account by credit card, immediate transfer, PayPal or bank transfer. The e-mail will also contain an invoice for the Customer.
Section 4
Payment terms | Due date
(1)
The Customer may pay the amount due by bank transfer, credit card, immediate transfer, on account and by PayPal.
(2)
If the Provider completes any work in advance, e.g. in the case of payment on account, the Provider shall carry out an assessment of the credit risk based on the mathematical-statistical procedures of the credit agency Klarna Bank AB (publ) Chausseestrasse 117, 10115 Berlin. For this, the Customer’s personal information necessary for the credit assessment [name, date of birth, address, bank details, is transferred to the credit agency. During this assessment, the Customer's address information is also taken into account. If the result of the credit check is negative, the Provider reserves the right to refuse to offer the payment method "on account".
(2)
The Customer can change the payment method stored in their user account at any time.
(3)
The full amount for the repair shall be due for payment upon notification of completion of the repair in accordance with Section 3, Para. 4 above.
Section 5
Prices and shipping
(1)
All prices stated on the Provider’s website include the applicable statutory value added tax.
(2)
The Provider shall send the repaired product and their invoice to the Customer after receipt of payment. Within Germany, the shipping costs to be borne by the Customer shall amount to € 5.95. The repaired product will be shipped by post (usually by GLS) to the address provided by the Customer.
Section 6
Warranty | Guarantee
(1)
The Provider shall be liable for any defects in their work, in this case their repair services, in accordance with the applicable statutory provisions, in particular Sections 634 et seq. BGB.
(2)
In addition, the Provider shall grant a two-year service guarantee for the repaired or replaced individual parts from the date of invoicing. Further details and conditions for asserting the service guarantee can be found in the information text in the online service portal and in the service receipt that shall be enclosed with the repaired product. The Customer's statutory rights are not restricted by the service guarantee.
Section 7
Liability
(1)
In accordance with the statutory provisions, the Provider shall be held fully liable for damages arising from injury to life, limb or health based on an intentional or negligent breach of duty and for other damages based on an intentional or grossly negligent breach of duty or fraudulent intent. In addition, the Provider shall be held fully liable for damages covered by liability under the mandatory statutory provisions, such as the German Product Liability Act, and in the event of an acceptance of guarantees.
(2)
The Provider shall be liable for any damage caused by slight or ordinary negligence insofar as this negligence relates to a breach of contractual obligations, the fulfilment of which is a prerequisite for the proper execution of the contract and on compliance with which the Customer can regularly rely (so-called cardinal obligations). The liability of the Provider is limited to foreseeable, contract-typical, unavoidable damages.
(3)
Any further liability for damages is excluded.
(4)
The above limitations of liability shall also apply to the Provider's legal representatives and vicarious agents if claims are asserted directly against them.
Section 8
Cancellation policy
(1)
If the Customer is a consumer, they usually have a statutory right of cancellation when concluding a long-distance transaction. The Provider shall inform them of this in the text below in accordance with the statutory model. A model cancellation form is provided in Paragraph 2 below.
Revocation terms and conditions
Right of cancellation
You have the right to cancel this contract within fourteen days without having to give a reason.
The cancellation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of cancellation, you must inform us (Uhrenfabrik Junghans GmbH & Co. KG, Geißhaldenstrasse 49, 78713 Schramberg, Germany, Phone: +49 (0) 7422 180, Fax: +49 (0) 7422 18665, E-mail: info@junghans.de) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form for this, however, this is not mandatory.
To comply with the cancellation period, simply inform us that you will be exercising your right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs if you have chosen a type of delivery other than the cheaper standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification that you wish to cancel this contract. For the refund, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund.
If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notified us of your wish to cancel the contract.
You shall be responsible for covering the direct costs of returning the products sent to us for repair.
(2)
Model cancellation form
Model cancellation form
(If you wish to cancel the contract, please complete this form and send it to us.)
To: Uhrenfabrik Junghans GmbH & Co. KG, Geißhaldenstr. 49, 78713 Schramberg, Germany,
Fax: +49 (0) 7422 18665, E-mail: info@junghans.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of the following work or service (*)
____________________________________________________________________________________________
Ordered on (*)/received on (*)
____________________________________________________________________________________________
Name of the consumer(s)
____________________________________________________________________________________________
Address of the consumer(s)
____________________________________________________________________________________________
Signature of the consumer(s) (only in case of paper communication)
____________________________________________________________________________________________
Date
____________________________________________________________________________________________
(*) Delete as applicable
Section 9
Copyright
All images, films and texts published and used in the online shop are protected by copyright. The images, films and texts cannot be used without the express consent of the Provider or the respective creator.
Section 10
Online dispute resolution
The EU Commission provides a platform for online dispute resolution which can be accessed via the following link: http://ec.europa.eu/consumers/odr. Our email address is: info@junghans.de
Section 11
Information under the German Act on Alternative Dispute Resolution in Consumer Matters