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General Terms & Conditions - Service

Online service portal
General Terms and Conditions

(Stand 30.11.2016)

General terms & conditions in the scope of contracts for the provision of repair services concluded via the online service portal 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)
The Customer is a consumer, to the extent that the purpose of the repair work assigned 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)
In the online service portal the Customer can choose, following the description of the product to be repaired and the repair case, whether he wishes to assign the job order for the repair with prior cost estimate, with the assertion of a guarantee, up to a specific maximum limit or without prior cost estimate. Following this, the Customer may enter his details. Prior to sending the enquiry the Customer may view the summarised and complete details of his repair enquiry and amend these where necessary.

a)
If the Customer has selected a repair with cost estimate or with the enforcement of a guarantee, then his enquiry will be forwarded to the Vendor by clicking the "Send repair enquiry" button.

b)
If the Customer has selected a repair without cost estimate or a repair up to a specific maximum amount, then the binding repair job order is forwarded to the Vendor by clicking the "Assign repair order (with costs)" button. The costs of the repair without cost estimate or up to a specific amount are based upon the general price list of the Vendor. If the actual costs of the repair deviate from the general price list of the Vendor, the Customer shall be contacted by the Vendor via e-mail and requested to approve the costs separately. The placing of the order then occurs analogue to a repair with cost estimate.

(2)
However, the repair job order or the repair enquiry can only be submitted and forwarded to the Vendor 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. The Customer can also cross the corresponding box to confirm that the Vendor should begin work on the repair prior to the ending of the statutory revocation period and that he is aware that my right of revocation lapses with the complete fulfilment of this contract by the Vendor and that in the case of partial fulfilment he shall be required to provide proportionate compensation for the repair services provided up to the time point of revocation. Otherwise, the Vendor shall only commence the repair following the passing of the statutory two-week revocation period (cf. revocation terms in § 8 para. 1 below).

(3)
After the pressing of the "Send repair enquiry" or "Assign repair order (with costs)" button an order number will be issued for the repair case, the Customer can also have a consignment note drawn up by clicking the corresponding button. The customer may send the product that is to be repaired to the Vendor together with the printed out consignment note or the order number by post, with sufficient postage and at his own risk. Shipments without consignment note or order number shall not be accepted by the Vendor.

(4)
As soon as the shipment of the Customer or the repair order is received by the Vendor the Customer shall receive a confirmation of receipt via e-mail. This confirmation of receipt merely documents that the shipment of the Customer or the repair order has been received by the Vendor, it does not constitute acceptance of the repair order. The status of the enquiry can be viewed via the customer account at any time.

(5)
The repair contract only comes into effect with confirmation of the order by the Vendor, which will be sent via separate e-mail in accordance with a) to d) below. In this order confirmation the complete contractual text (comprising repair 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.

a)
If the Customer has selected a repair with prior cost estimate, after inspecting the product to be repaired the Vendor shall send him a binding cost estimate via e-mail, which the Customer can confirm and forward to the Vendor in his customer account within four weeks of pressing the corresponding "Assign repair order (with costs)" button. This binding repair order of the Customer is then confirmed by the Vendor with his order confirmation.

b)
If the Customer has selected a repair with the enforcement of a claim to guarantee, the Vendor shall firstly check that a guarantee case exists.
If the case is a guarantee case, the Customer shall receive a corresponding confirmation via e-mail.
If no guarantee case exists, the Vendor shall send the Customer a binding cost estimate via e-mail, which the Customer can confirm and forward to the Vendor in his customer account within four weeks of pressing the corresponding "Assign repair order (with costs)" button. This binding repair order of the Customer is then confirmed by the Vendor with his order confirmation.

c)
If the Customer has ordered a repair up to a specific maximum amount, the Vendor shall firstly examine the product that is to be repaired.
If the repair costs lie below the maximum amount specified by the Customer, the Vendor shall confirm the binding repair order of the Customer with his order confirmation, so long as the repair costs do not deviate from the general price list of the Vendor.
If the costs lie above the maximum amount stated by the Customer, after inspecting the product to be repaired the Vendor shall send him a binding cost estimate via e-mail, which the Customer can confirm and forward to the Vendor in his customer account within four weeks of pressing the corresponding "Assign repair order (with costs)" button. This binding repair order of the Customer is then confirmed by the Vendor with his order confirmation.

d)
If the Customer has assigned an order without a previous cost estimate, the Vendor shall firstly examine the product to be repaired and confirm the binding repair order of the Customer with his order confirmation, so long as the repair costs do not deviate from the general price list of the Vendor.

(6)
The conclusion of contract shall occur exclusively in the German language. The contractual text shall be saved under observance of data protection law.

(7)
If the Customer fails to accept the cost estimate of the Vendor within the aforementioned period of four weeks by assigning a repair order, the Vendor shall request the assigning of the repair order a further time via e-mail. If, within two weeks of sending this e-mail, no assigning of the repair order on the basis of this cost estimate occurs, the Vendor shall send the product to be repaired back to the Customer at his own expense via post (generally via GLS). The shipping risk here shall be borne by the Customer.

§ 3
Duration of repair / demand for payment

(1)
To the extent that no deviating repair duration is stated in the cost estimate, the duration of repair shall generally be between four and six weeks.

(2)
If, when assigning the order, the Customer fails to confirm by placing a cross in the corresponding box that the Vendor should begin the repair prior to the ending of the statutory revocation period, the regular repair duration or the duration stated in the cost estimate shall be extended by the duration of the statutory revocation period, i.e. by two weeks.

(3)
The duration of repair stated by the Vendor is calculated from the time point of order confirmation by the Vendor.

(4)
As soon as the repair has been completed, the Customer shall be informed via e-mail. In this e-mail the Customer shall be requested to pay for the repair order using his customer account via credit card, instant transfer or PayPal or bank transfer. In this e-mail the Customer shall also be sent an invoice.

§ 4
Payment arrangements / payment date

(1)
The Customer may make payment for the remuneration via bank transfer, 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)
Remuneration falls due for payment with notification of completion of the repair as per the above § 3 para. 4.

§ 5
Prices and shipping

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

(2)
The Vendor shall send the repaired product together with the accompanying invoice to the Customer after receipt of payment. Shipping costs within Germany amount to EUR 5.95. The shipping of the repaired product is via post (generally via GLS), to the address stated by the Customer.

§ 6
Warranty, guarantee

(1)
The Vendor shall be liable for defects of his establishment, primarily his repair work, in accordance with the relevant statutory provisions, in particular §§ 634 et seq. BGB.

(2)
In addition, the Vendor shall grant a two-year service guarantee for the repaired or replaced components, from the invoice date. The further details and terms regarding enforcement of the service guarantee can be taken from the information text in the online service portal as well as the service voucher enclosed with the repaired product. The statutory rights of the Customer are not restricted by the service guarantee.

§ 7
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. Paragraph 2 below contains a sample revocation form

Revocation terms and conditions

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

The revocation period is fourteen days from the day of conclusion of contract.

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.

If you have requested that the service should begin within the revocation period, then you shall be required to pay us a reasonable amount, corresponding to the amount of the proportion of the services already provided up to the time at which you notify us of exercising of the right of revocation concerning this contract compared to the total amount of services foreseen within the contract.

 

(2)
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 provision of the following services (*)

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

 

§ 9
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.

§ 10
Final terms

(1)
Contracts between the Vendor and the Customer are subject to the law of the Federal Republic of Germany. 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 remaining 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.