General Terms and Conditions of Business
Clause 1 Definitions
Clause 2 Scope of T&Cs for entrepreneurs
Clause 3 Reservation of proprietary rights
Clause 4 Warranty
Clause 5 Transport damage
Clause 6 Data protection
Clause 7 Applicable law
Clause 8 Place of jurisdiction
Clause 9 Consumer information and information regarding electronic commerce
• 1. Contract language
• 2. Conclusion of contract
• 3. Correction of input errors prior to sending order
• 4. Storing the text of the contract
• 5. Payment details
• 6. Delivery details
• 7. Prices and delivery costs
• 8. Customs and import duties for deliveries to countries outside the EU (e.g. Switzerland, USA)
• 9. Information on warranty conditions and guarantees
• 10. Consumers’ right to cancel
• 11. Information on battery disposal (BattG/Battergiegesetz [Battery Act])
• 12. Summonable address
(1) Where specific rights and obligations are agreed in these T&Cs exclusively for consumers in accordance with Section 13 [German Civil Code] or exclusively for entrepreneurs in accordance with Section 14 BGB, the following definitions shall apply:
(2) A consumer is any natural person completing a legal transaction for a purpose that cannot be attributed to either his/her commercial or independent professional activity.
(3) An entrepreneur in the sense of Section 14 BGB is any natural or legal person or a legally responsible business partnership acting at the time of the conclusion of a transaction in pursuit of their commercial or independent professional activity. A legally responsible partnership is a partnership capable of acquiring rights and incurring liabilities.
Section 2 Scope of the Ts&Cs:
(1) If the Buyer is an entrepreneur within the meaning ofsection 14 of the German Civil Code (BGB) (see section 1(3) of the Ts&Cs),the present Ts&Cs shall apply exclusively. The Buyer’s Ts&Csshall apply only if and insofar as the Seller has expressly approved them in writing prior to conclusionof the respective contract.
(2) If the Buyer is an entrepreneur within the meaning of section 14 of the German Civil Code (see section 1(3) of the Ts&Cs),the present Terms and Conditions shall also apply to any and all future business transactions between the Contracting Parties.
(3) If our products offered at www.chrono24.de are sold through the Trusted Checkout service at www.chrono24.de, the Trusted Checkout Ts&Cs of www.chrono24.de shall apply to such service. www.chrono24.de shall inform the Buyer of its Trusted Checkout Ts&Csprior to contract conclusion and shall email them in text form to the Buyer following contract conclusion.
The ordered goods shall remain the property of the Supplier until payment is made in full.
Pledging, transferring as security, processing, or restructuring of the goods shall not be permitted without the express consent of the Supplier prior to the transfer of ownership
(1) The guarantee for new and unworn items shall be 24 months from delivery of the goods to the Purchaser. The guarantee for used items shall be one year from delivery to the Purchaser. Claims for compensation shall be expressly excluded herefrom and shall be governed by statutory regulations.
(2) Claims relating to defects made by the Purchaser against the Supplier shall otherwise be governed by statutory regulations.
(1) If the Purchaser is a consumer (see Clause 1 para. 2 of the T&Cs), we ask that complaints be directed to the shipping/cargo company, or that the delivery be refused in the case of goods with visible damage to packaging or content. In addition, we ask the Purchaser to contact us immediately in such cases by email, fax or post.
(2) On discovering hidden damages, we likewise ask the Purchaser to contact us promptly.
(3) There shall be no reduction of statutory warranty claims and periods of limitation associated with the aforementioned regulations.
(4) If the Purchaser is an entrepreneur in the sense of Section 14 BGB (see Clause 1 para. 3 of the T&Cs), he must inspect the goods for transport damage immediately upon receipt of the shipment. The Supplier must be notified in writing immediately of any detected transport damage. The Purchaser must have any damage to packaging confirmed by the transport company in writing upon receipt of the goods. If such damage is discovered at a later date, this must be notified immediately after discovery.
Clause 6 Data protection (1) All personal data required for executing the order, i.e. name, address, email address, payment data and, if applicable, fax and telephone numbers will be stored and processed by us in compliance with the relevant legal regulations (in particular the European Data Protection Guidelines, the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). We require this data for accounting, delivery and billing. This data enables us to process and execute your order and to keep you updated on its progress.
(2) We will not pass on personal data to third parties without the Purchaser’s express consent, which may be revoked at any time, or the explicit legal authority to do so. Legal authority to pass on your personal data to third parties exists with respect to the disclosure of your personal data to our service providers who require the transmission of data for the processing of your order (e.g. the bank instructed to make payment or the shipping company contracted for the delivery). In these cases, the amount of data transferred is, however, restricted to the required data.
(3) The Purchaser has the right at any time to request the disclosure, correction, blocking and/or deletion of the stored data free of charge. Please send us any such request by email, post, or fax. The contact data for this can be found in the section Supplier Identification.
(4) Once the order has been fully processed and the purchase price fully paid, your data will be deleted following compliance with tax and commercial law regulations.
All disputes arising from this legal relationship shall be subject to the laws of the Federal Republic of Germany with the exception of the provisions of the law of conflicts. For consumers (see Clause 1 para. 2 of the T&Cs), this choice of law shall apply accordingly only insofar as mandatory provisions of the laws of the country in which the consumer habitually resides do not conflict with the regulations of these T&Cs. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
For disputes arising from or in connection with supply of goods and/or these T&Cs, the courts of the registered office of the Supplier shall have exclusive jurisdiction, insofar as the Purchaser is a trader or the Purchaser is a legal entity under public law, or a special fund under public law, or if the Purchaser has no permanent place of residence in Germany, or if the Purchaser has moved his domicile or habitual residence abroad after the effective date of these T&Cs, or if the domicile or habitual residence of the Purchaser is unknown at the time of the commencement of proceedings.
These General Terms and Conditions of Business are available in the German and English language.
a) Conclusion of contract via www.uhren-miquel.de as well as via http://miquel.trauringe-kuehnel.de:
(1) The product representations in the online shop are not binding offers on the part of the Supplier, but are intended for the submission of a purchase offer by the Purchaser.
(2) By sending off the order, the Purchaser makes a binding offer on the products ordered at the prices shown. On receipt of the order, the Purchaser shall receive an email confirming the receipt of the order. This confirmation email will also include the T&Cs – which also contain obligatory information for the Purchaser – as well as the Supplier‘s cancellation policy in written form. We ask Purchasers to print out the T&Cs and the cancellation policy and to permanently save the documents for their records. This email is only a confirmation that the Purchaser‘s order has been received and does not at this point represent an acceptance of the Purchaser‘s offer by the Supplier.
(3) The offer made by the Purchaser will be accepted by the Supplier through the sending of a sales confirmation within 7 working days after the Purchaser has sent in the order. If the Purchaser does not receive a sales confirmation from the Supplier within this designated period of time, the offer of the Purchaser is considered to have been rejected and the contract will not materialise. The sales confirmation email will include the T&Cs – which also contain obligatory information for the Purchaser – as well as the Supplier's cancellation policy in written form.
(4) If the Purchaser is offered the option of paying for the products represented in the online shop by instalments (purchase agreement with instalment payments), the contract shall materialise in accordance with point d) of this section.
b) Contract Conclusion through www.chrono24.de:
(1) If a purchase at www.chrono24.de is made through chrono24.de’s Trusted Checkout service, contract conclusion in respect of said service shall be subject to the Trusted Checkout Ts&Cs of www.chrono24.de. www.chrono24.de shall inform the Buyer of said Ts&Csprior to contract conclusion and shall email them in text form to the Buyer following contract conclusion. The details concerning contract conclusion when using the Trusted Checkout service can thus be found in the Trusted Checkout Ts&Cs of www.chrono24.de.
(2) If and insofar as a purchase at www.chrono24.de is not made through the Trusted Checkout service at www.chrono24.de, the contract shall be formed as follows:
(3) The Seller’s product information presented on the www.chrono24.de web portal does not constitute a binding offer made by Seller but serves merely to inform the Buyer.
(4) When sending a message to the Seller, the Buyer is not be deemed to have submitted a binding offer either. Instead, this is merely deemed to constitute a request by the Buyer for a binding offer to be made by the Seller.
(5) Upon such request, the Seller shall email a binding offer to the Buyer. Said offer shall also include the Seller’s Ts&Cs– along with mandatory information for the Buyer – as well as the Seller’s cancellation policy in text form. The Buyer is requested to print out theTs&Csand cancellationpolicy for its records and to save them permanently.
(6) A purchase contract is deemed to have been concluded once the Buyer accepts the offer and/or pays the purchase price specified in the offer.
c) Conclusion of contract via www.trustedwatch.de:
(1) The product representations in the online portal www.trustedwatch.de are not binding offers made by the Supplier, but are intended only to give information to the Purchaser.
(2) Sending a message by the Purchaser to the Supplier also does not yet constitute the submission of a binding offer from the Purchaser. Rather, this merely represents a request from the Purchaser to the Supplier to obtain a binding offer from the Supplier.
(3) At the Purchaser’s request, the Supplier will send the Purchaser a binding offer by email. This offer will also include the T&Cs of the Supplier – which contain obligatory information for the Purchaser – as well as the Supplier's cancellation policy in written form. We ask the Purchaser to print out the T&Cs and the cancellation policy and to permanently save the documents for their records.
(4) The contract of sale shall come about through the Purchaser’s acceptance and/or by payment of the price specified in the offer.
d) Purchase agreement with instalment payments
If payment by instalments via an external credit institution (CreditPlus Bank AG, Augustenstraße 7, 70178 Stuttgart) is offered in the ordering process, the purchase agreement is effected as follows:
(1) When the order is sent by clicking the field "create binding order", the buyer makes a binding offer to complete a purchase agreement with the seller.
(2) After sending his/her contractual declaration, the buyer is taken to the credit provider's selection screen. In the credit provider's selection screen, the buyer can then define the details of the credit to be paid by instalments (in particular, the amount of the monthly instalment and the credit term). After the buyer has sent the financing request to the credit provider via the selection screen, the buyer immediately receives a provisional – but non-binding – credit decision from the credit provider by email. If the buyer receives a positive provisional credit decision from the credit provider, the credit provider sends the buyer the credit agreement by email at the same time. The buyer prints out the credit agreement and sends the completed and signed credit agreement back to the credit provider. After the credit provider has finally checked the credit agreement, the credit provider informs the buyer and the seller of its decision regarding the buyer's credit application.
(3) If the credit provider turns down the agreement to pay by instalments after the final check, no purchase agreement is effected with the seller.
(4) The seller accepts the buyer's binding offer stated in point (1) under the condition precedent that the buyer's credit agreement with the credit provider is awarded a positive decision. The purchase agreement between buyer and seller is therefore effected as soon as the credit provider gives its binding approval to the credit application and this decision by the credit provider has been given to the buyer.
(5) The credit provider's mediation via the seller is provided free of charge.
e) The Buyer may also request a non-binding proposal from the Seller by telephone, by fax or by email. In this case, the Seller will send the Buyer a binding proposal that includes the required obligatory information within 7 (seven) working days of the request being made by telephone or being sent by fax/email or letter. This deadline is deemed to have been met when the proposal is received by the Buyer. The Buyer may then accept the Seller's proposal within 7 (seven) working days of receiving the proposal either by telephone, fax, email or letter. This deadline is deemed to have been met if the Buyer sends the fax, email or letter by the deadline or the Seller's proposal is accepted by the Seller by telephone within the deadline. If the Buyer does not accept the Seller's proposal by the aforementioned deadline or does not send his declaration of acceptance by email, fax or letter by the deadline, the Seller's proposal is deemed to have been rejected and the contract has not been concluded. In this case, the Seller is no longer bound by his proposal.
You can check your order before the final dispatch on a separate page. Input errors can then be corrected by clicking on the corresponding correction function or the „Back“ button of your Internet browser to go back a page.
The text of the contract will be stored on the Supplier’s internal systems. The order data and the T&Cs shall be sent to the Purchaser in text form by email no later than immediately after conclusion of the contract. After the conclusion of the order, the written contract shall no longer be available to the Purchaser via the Internet for security reasons.
a) The payment of the purchase price shall be made via the payment options offered during the ordering process. In the case of payment on delivery, the Purchaser shall pay any "payment on delivery" charges detailed in the order. Unless otherwise agreed, invoices shall be settled by advance payment within 7 days of conclusion of contract.
b) Payment in instalments shall require prior agreement/arrangement with the Supplier.
c) In the case of a default in payment, the Supplier shall be entitled to withdraw from the contract after the expiry of a reasonable grace period.
a) Unless otherwise agreed prior to the conclusion of the sales contract, the delivery of the goods shall generally take place by despatching the goods to the address within Germany specified by the Purchaser or to the countries that can be selected during the ordering process. Deliveries to any other countries are not possible.
b) In the case of advance payment (e.g. bank transfer, PayPal), the maximum delivery time within Germany for articles that are indicated in our shop as being: in stock is 3 business days (Sundays and nationally recognised public holidays excepted) after the payment order is issued by the Purchaser to the remitting bank. If cash on delivery or invoice purchasing is offered, the maximum delivery time shall be 3 business days (Sundays and national public holidays excepted) after contract conclusion. In the case of advance payment (e.g. bank transfer, PayPal, etc.), the maximum delivery time for the other countries selectable during the ordering process is 5 business days (Sundays and holidays excepted) after the payment order is issued by the Purchaser to the remitting bank. If cash on delivery or invoice purchasing is offered, the maximum delivery time shall be 5 business days (Sundays and national public holidays excepted) after contract conclusion.
c) In the case of advance payment (e.g. bank transfer, PayPal, etc.), the maximum delivery time within Germany for all other articles is 28 business days (Sundays and nationally recognised public holidays excepted) after the payment order is issued by the Purchaser to the remitting bank. If cash on delivery or invoice purchasing is offered, the maximum delivery time is 28 business days (Sundays and national public holidays excepted) after contract conclusion. In the case of advance payment (e.g. bank transfer, PayPal, etc.), the maximum delivery time for the other countries selectable during the ordering process is 31 business days (Sundays and holidays excepted) after the payment order is issued by the Purchaser to the remitting bank. If cash on delivery or invoice purchasing is offered, the maximum delivery time is 31 business days (Sundays and national public holidays excepted) after contract conclusion.
d) Delivery times for custom-made products shall be arranged separately with the Purchaser.
e) Due to circumstances beyond the Supplier‘s control, such as force majeure, interruption of operations, etc., there may be a delay in the delivery of the goods. The Supplier will inform the Purchaser promptly of any such delay. The Purchaser‘s rights remain unaffected; in particular, the Purchaser shall be entitled to withdraw from the contract after allowing a reasonable period of grace.
f) If, for reasons beyond the Supplier‘s control, the delivery proves to be impossible, then the entitlement to delivery shall be excluded. Should service be impracticable, the Supplier agrees to inform the Purchaser immediately of the impediments to performance and reimburse any payments already made.
g) We would like to advise that, irrespective of any insurance covering goods in transit, the Supplier carries the risk of destruction or damage to the goods in transport, insofar as the Purchaser is a consumer in the sense of Section 13 of the BGB (see Clause 1 para. 2 of the T&Cs).
h) The Supplier has free choice of the transport company.
a) The prices stated in the respective offers include statutory value-added-tax as well as other price components plus the separately shown shipping costs and, if applicable, the separately shown fees for credit card payment or payment by PayPal. If the item being sold is subject to the VAT margin scheme (taxation of second-hand goods), the sales price shall be considered to be inclusive of the value-added-tax payable by the Supplier under Section 25(a) UStG [Umsatzsteuergesetz = German Value Added Tax Act] plus the separately shown shipping costs as well as, if applicable, the separately shown fees for paying by credit card or by PayPal. The value-added-tax does not need to be shown in the case of the VAT margin scheme.
b) The separately shown shipping costs apply to deliveries within Germany and to those other countries which can be selected when ordering the goods. Before submitting his contractual declaration, the Purchaser shall be clearly informed of the shipping costs as well as, where applicable, any separately shown fees for payments by credit card or PayPal.
We would like to point out that deliveries to countries outside the European Union (third-party countries) could incur additional customs duties and/or taxes once the purchased goods reach the third-party country. These additional customs duties and/or taxes are for account of the Purchaser. The Supplier has no influence on these fees and, as customs regulations vary considerably from country to country, is also not able to not predetermine their amount. We therefore recommend that the Purchaser contact the responsible customs office in the third-party country to obtain information on possible customs fees and/or local taxes.
a) Information on the warranty conditions can be found in Clause 4 of the T&Cs.
b) If the Supplier provides an additional voluntary warranty, this shall not restrict the statutory warranty rights of the Purchaser. The warranty shall instead apply in addition to the statutory warranty rights, whereby the contents of the guarantee, and all the essential information required for the enforcement of this against the Supplier, can be found in the respective warranty policy statement.
If you conclude a legal transaction for a purpose which cannot be attributed to either your commercial or independent professional activity (a consumer in the sense of Section 13 BGB), you shall be entitled to the following right of cancellation:
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period shall be 14 days from the day on which you or a third party named by you, who is not the carrier, the last goods have taken possession of or has .
To exercise your right of cancellation, you must inform us [Miquel Schmuck & Uhren GmbH, HauptstraÃƒÅ¸e 42, 96358 Teuschnitz, Germany, info@uhren-miquel. de, Tel: +49 (0) 92 68/91 38 64; Fax: +49 (0) 92 68/9 13 93 56] by means of a clear statement (e.g. a letter sent by post, fax or email etc.) regarding your decision to cancel this contract. You may use the Sample Cancellation Form attached; this is not mandatory, however.
To observe the cancellation period it shall be sufficient for you to send the notification of the exercising of the right of cancellation before the expiry of the cancellation period. To observe the cancellation deadline it shall be sufficient for you to notify that you are exercising of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us). The relevant amount will be refunded immediately but no later than within 14 days of the date on which we received the notice of cancellation of this contract. For this repayment, we shall use the same method of payment that you used for the original transaction, unless we have explicitly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is sooner.
You must send back or hand the goods over to us immediately and in all cases no later than 14 days from the date on which you notify us of the cancellation of this contract.[Miquel Schmuck & Uhren GmbH, HauptstraÃƒÅ¸e 42, 96358 Teuschnitz, Germany, firstname.lastname@example.org] This deadline shall be considered met if you despatch the goods before the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You shall only pay for any diminished value of the goods if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain their quality, nature and functioning.Exclusion and/or premature expiration of the right of cancellation.
The right of cancellation shall not exist for contracts for the delivery of goods that are not prefabricated and the production of which is determined by an individual choice or decision by the consumer or which are clearly tailored to the personal needs of the consumer.
As an end user, you are legally obliged to return batteries for recycling. You can return these after use to any municipal collection point, or also to a shop in your area without any costs. You can also return batteries to us by post free of charge.
Batteries containing contaminants are marked with a symbol comprising a crossed out waste container and the chemical symbol (Cd, Hg or Pb) for the heavy metal contaminant. This symbol means that batteries may not be disposed of as ordinary household waste.
Our summonable address is:
Miquel Schmuck & Uhren GmbH
represented by the Managing Director Frank Miquel
96358 Teuschnitz - Germany
Telefon: + 49 (0) 9268 / 913864
Mobil: + 49 (0) 170 / 1961001
Fax : + 49 (0) 9268 / 9139356
Sales tax identification number according to § 27a of the German VAT Act:DE 813576557
Online Dispute Resolution
The EU Commission provides an online platform for dispute resolution ( ODR platform ) with online retailers .
This ODR platform will be available shortly ( probably from 15 February 2016) at the following link accessible :
General Terms and Conditions of Business as at: 07.01.2016
Should you wish to withdraw from the contract, please complete this form and send it back. To: Miquel Schmuck & Uhren GmbH, Hauptstraße 42, 96358 Teuschnitz, Germany Fax : +49 (0)9268 / 9139356, Email: email@example.com –– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale for the following goods (*)/provision of the following service (*): __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
–– Ordered on (*)/received on (*): ______________________________________________
–– Name of consumer(s): _____________________________________________________
–– Address of the consumer(s): ________________________________________________
Signature of the consumer(s)
Date (*) Please strike through as appropriate.
© 2014 Lawyer Jens Reininghaus, Cologne