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General Terms and Conditions

(Status 07.02.2023)

General terms and conditions for purchase contracts concluded via the online shop 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 T&Cs, Customers can be consumers or traders.

 

Section 2
Conclusion of the contract

(1)
In the online shop, the Customer can choose the desired number of products from the Provider’s range and add them to their digital shopping cart by clicking on “Add to shopping cart”. By clicking on the “Proceed to checkout” button, the Customer submits a binding request to purchase the goods in the shopping cart. Before sending their order, the Customer can view a summary of it and make any necessary changes. The request can only be submitted and forwarded 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.

(2)
The Provider then sends the Customer an automatic confirmation of receipt by email. This confirmation will list the Customer’s order. The Customer can print out the confirmation of receipt using the “Print” function. The confirmation of receipt merely documents the fact that the Provider has received the Customer’s order and does not constitute acceptance of the order. The contract only comes into effect once the Provider has issued an order conformation in a separate email. In this order confirmation, or at the latest upon delivery of the goods, the complete contract text (consisting of the order, general terms and conditions and the order confirmation) shall be sent to the Customer by the Provider by email. The contract text is stored in accordance with applicable data protection rules.

(3)
The contract shall be concluded exclusively in the German language.

 

Section 3
Delivery | Availability of goods

(1)
Unless any specific or deviating delivery times are given in the online shop for the product, the delivery time within Germany is between three and five working days. The delivery time stated by the Provider is calculated from the time that the order confirmation was sent. The Customer must pay the full purchase price before the delivery is sent. However, the situation changes if the Customer chooses to pay on account. If the Customer chooses to pay by bank transfer (prepayment), the delivery time is calculated from the time that the payment reaches the Provider. This can take a few days due to the processing times of different banking institutions.

(2)
If the product that the Customer has selected is not available at the time of ordering, the Provider must inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider will not confirm the order. If this happens, a contract is not concluded.

(3)
If the product in the Customer’s order is only temporarily unavailable, the Provider must inform the Customer of this immediately in the order confirmation. If there is a delay in the delivery of more than seven working days, the Customer has the right to cancel the contract. The Customer’s legal right of cancellation (see Section 9 of these terms and conditions) is not affected by this.

(4)
The following delivery restrictions apply: The Provider only delivers in Germany. The Customer must enquire about deliveries to other countries in advance via the Provider’s contact form.

 

Section 4
Reservation of proprietary rights

The delivered goods remain the property of the Provider until the full amount due has been paid.

 

Section 5
Prices and shipping costs

(1)
All prices stated on the Provider’s website include the applicable statutory value added tax.

(2)
The Provider delivers to Customers in Germany free of charge. The goods are sent by post (usually with GLS). If the Customer is a consumer, the Provider shall bear the shipping risk.

(3)
If the Customer chooses to cancel the contract, they shall be liable for covering the costs of returning the goods (cf. Right of cancellation in Section 9)

 

Section 6
Payment terms

(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". (3)
The Customer can change the payment method stored in their user account at any time.

(4)
The full purchase price must be paid in full when the contract is concluded.

(5)
The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Provider.

 

Section 7
Warranty for material defects | Guarantee

(1)
The Provider shall be liable for any material defects in accordance with the applicable statutory provisions, in particular Sections 343 et seq. BGB. The limitation period for statutory claims for defects is two years and starts when the goods are delivered.

(2)
In addition, the Provider shall also provide a two-year manufacturer guarantee for their products starting from the date of purchase. You can find further details and conditions for asserting the guarantee in the respective product descriptions in the online shop and on the guarantee cards that the Provider supplies with their products. The customer's statutory rights are not restricted by the guarantee.

 

Section 8
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 9
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. The exceptions to the right of cancellation are set out in Paragraph 2 below. A model cancellation form is provided in Paragraph 3 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 on which you or a third party nominated by you, who is not the carrier, took possession of the goods.

To exercise your right of cancellation, please contact 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.

We may refuse to give a refund until we have received the goods back or until you provide proof that you have returned the goods, whichever happens first.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notified us of your wish to cancel this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods other than what is necessary for testing the quality, characteristics and function of the goods.

 

(2)
The right of cancellation set out in Para. 1 does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer, in accordance with Section 312g Para. 2 of the German Civil Code (BGB).

(3)
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 purchase of the following goods (*)

____________________________________________________________________________________________

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 10
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 11
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 12
Information under the German Act on Alternative Dispute Resolution in Consumer Matters

The Provider is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters.

 

Section 13
Information about the German Battery Act

If the products contains rechargeable batteries or standard batteries, the Customer has a legal obligation to properly dispose of the rechargeable or standard batteries. Batteries and rechargeable batteries that you received from the Provider can be returned to the Provider free of charge. The symbols on the batteries have the following meanings:

The crossed out rubbish bin symbol means that battery cannot be disposed of along with household rubbish.

Hg = the battery contains more than 0.0005 weight percent of mercury.

Cd = the battery contains more than 0.002 weight percent of cadium.

Pb = the battery contains more than 0.004 weight percent of lead.

The customer can also find this information in the documents supplied with their goods.

 

Section 14
Final provisions

(1)
The law of the Federal Republic of Germany, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, shall apply to all contracts between the Provider and Customer. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular with regards to the state in which the Customer usually resides as a consumer, shall remain unaffected.

(2)
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's headquarters, Schramberg.

(3)If the GT&Cs do not become part of the contract in whole or in part due to invalidity, the rest of the contract still remains valid. The ineffective points shall be replaced by the statutory provisions, if these are applicable. However, if this would represent an unreasonable hardship for the Customer, the contract as a whole shall become invalid.