General Terms and Conditions
1. Object of a Contract
The sales of used goods and services in the watches segment via the online store of the supplier are regulated by this contract agreement. For further details regarding the respective offer, please refer to the product description on the website.
2. Conclusion of a Contract
The contract shall be deemed concluded in electronic business transactions by means of telecommunication such as telephone and emails. The displayed contents represent a non-binding invitation to the customer to submit an order, which the supplier can accept. Orders can be placed by means of distance communication (telephone/email), whereby the ordering process compromises in particular the following steps to the conclusion of a contract:
Phone Call / Email
The contract officially goes into effect with the receipt of an invoice or order confirmation. Automatically generated order confirmation does not represent a legally binding statement. A contract will also be deemed concluded upon delivery of the goods or when the services are provided.
3. Reservation Clause
The supplier reserves the right not to provide the services promised in the event of non-availability.
4. Prices, Shipping Fees, Return Costs
The prices listed are final prices in Euro and include the legal value-added tax. All the services offered are, unless otherwise indicated, privately acquired used goods. The invoice amount is subject to differential taxation according to § 25a UStG (Umsatzsteuergesetz – Turnover Tax Act), hence the value-added tax are not disclosed on the invoice separately. A one-time flat rate shipping fee will be charged per order:
Within Germany: 39,00 €
Within EU: 99,00 €
International shipping: Depending on target country solely after prior consultation.
For partial deliveries the flat rate fee will be charged only once. In the event of an existing right of withdrawal and it is exercised, the customer shall bear the costs of the return delivery.
5. Terms of Payment
The customer has exclusively following payment options:
Advance bank transfer
Cash payment upon collection
Other methods of payment are not available and will be rejected. An email will be sent with instructions to payment by bank transfer. The amount due must be credited in advance to the specified account after receipt of the invoice. The invoice amount less the shipping fee can also be paid in cash in the business premises during normal office hours. The customer is obliged to remit the due amount into the indicated bank account within 5 days after receipt of the invoice. Payments shall be due without deduction from the date of invoice. After expiry of the payment period, defined by a calendar basis, the customer is in default without any reminder being required.
6. Terms of Delivery
Products will be dispatched immediately upon confirmed receipt of payment, at the latest after an average of three working days. After receipt of payment the contractor undertakes to ship the merchandise on the third day. The standard delivery time is 5 days, unless otherwise specified in the product description. The supplier dispatches the order from his own warehouse once the entire order is in stock. In case of delays the customer will be informed immediately.
7. Contract Design
The customer does not have the option to directly access the stored text of the contract.
8. Right of Withdrawal
Within the period of 14 days the client shall have the right to withdraw from the contract agreement without giving any reasons.
The withdrawal period is fourteen days and starts from the date of the purchase contract:
In the case of a one sale contract, in which the customer or a third party, other than the carrier and indicated by the customer, has acquired the material possession of the final goods.
In the case of a contract covering several items which the customer placed in a single order but the goods will be delivered separately, in which the customer or a third party, other than the carrier and indicated by the customer, has acquired the material possession of each of the goods ordered.
In the case of a contract of one single item which needs to be dispatched in several separate consignments or several pieces, in which the customer or a third party, other than the carrier and indicated by the customer, has acquired the material possession of the final goods.
In the case of a contract involving periodical supplies of products on a regular basis over an extended period of time, in which the customer or a third party, other than the carrier and indicated by the customer, has acquired the material possession of the first goods.
Should more than one of the alternatives apply, the authoritative shall be based on the latest date.
To exercise your right of withdrawal, you must inform us (B. Pavlovic, Luegallee 11, 40545 Düsseldorf, Tel. 0211/552721, info@juwelier-krone.de) by means of a clear declaration of your decision to revoke the contract (e.g. in the forms of a letter mailed to us, a fax or an email).
The deadline for revocation is deemed met if the communication concerning the exercise of the right of withdrawal is sent by the customer before the expiry of that deadline.
9. Consequences of Withdrawal
By revoking the purchase contract, we as the supplier must refund all payments received, including shipping fees (with the exception of supplementary costs resulting from the fact that the customer chose a different type of delivery other than the cost-effective standard method we are offering) without undue delay but no later than within fourteen days from the day we have been notified about the cancellation of the contract. The refund will be issued by the same means of payment used for the initial transaction unless expressly agreed otherwise; under no circumstances shall there be charges to this refund. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
The customer is required to return the goods immediately or to hand it over in person without undue delay to: B. Pavlovic, Luegallee 11, 40545 Düsseldorf, Tel. 0211/552721, info@juwelier-krone.de, and in every case within fourteen days at the latest from the day after having informed us about your decision to withdraw from the contract agreement. The deadline is met if the goods have been dispatched before the relevant time-limit has expired.
The customer must bear the direct costs incurred of said return.
The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
Opened, damaged or demonstrably worn watches will be not taken back and are excluded from the 14-day right of return!
End of the cancellation policy.
10. Disclaimer of Liability
The customer's claims for indemnity are excluded as far as subsequently none of these reasons are defined. This applies as well to the representatives and vicarious agents of the supplier if and when the customer asserts claims for damages against such entities. Exempt from this rule are claims for damages due to injury of life, body and health or in case of violation against essential contractual duties, the fulfillment of which is necessary to attain the purpose of the contract. By the same token, no liability limitation is applicable for other damages caused by a willful or reckless breach of duty on the part of the provider, his legal representative or vicarious agents.
11. Warranties
Statutory regulations shall apply.
For used merchandises the warranty period is one year from delivery of the goods, at variance with the legal regulations. The one year warranty period does not apply to damages culpably attributable to the supplier deriving from any injury to life, body or health, or damages caused intentionally or with gross negligence, or malice of the supplier, or rights of recourse pursuant to §§ 478, 479 BGB.
If the purchaser is an entrepreneur, the following will apply in derogation:
1. All product specifications and descriptions provided by the supplier and the manufacturer serve as an agreement about the quality structure of the product, but not other advertisements, public statements or promotions by the manufacturer.
2. The purchaser is obliged to examine the merchandise forthwith and with all due care for deviations of quality and quantity and to inform the supplier in writing of any obvious defects within 7 days upon receipt. Timely dispatch of the notice is sufficient for observing the deadline. The same applies to latent defects determined at a later date after their discovery.
3. If the aforementioned requirements for inspection and reclamation guidelines are violated, any warranty claims shall be excluded.
4. In case of defects the supplier remedies the defect or delivers a replacement at his own discretion. Should the subsequent rectification of defects have been unsuccessful twice, the buyer may have the option to claim a reduction of the purchase or to withdraw from the contract. In the event of a rectification of defects, the supplier shall not bear any incurred increase of costs caused by the transport of the merchandise to a location different than the original place of performance, unless the relocation is not in accordance with the designated use of the merchandise.
5. The warranty period is one year as of the delivery of the purchased item.
6. Once the watch undergoes a strict inspection on its water resistant quality and it completes all examinations with a positive result, then this condition shall apply exclusively at the time of measurements. Waterproofness is not a permanent quality according to DIN 8310 and may extinguish due to age-related material fatigue or caused by wear. After excessive use or heavy demand such as being exposed to an impact or fall as well as being subjected to extreme temperature fluctuations, the waterproofness of the watch needs to be submitted to new inspections. If there is no indication made about the water resistance in the product description, the watch has not been tested by us. No guarantee for waterproofness is provided.
12. Language, Place of Jurisdiction and Applicable Law
The contract is drafted in German. All communications concerning further implementations of the contractual relationship will be in German. Legal relations between us and the client are subject solely and exclusively to the laws of the Federal Republic of Germany. This only shall apply to the extent that the consumer will not be bereft of any mandatory legal provisions by the law of his domicile or the country of his residence.
13. Warning Notice
No warning without prior contact. In cases of the assertion of any types of claims on the basis of copyright, fair competition and trademark issues, we request your immediate contact to prevent unnecessary legal disputes, warnings and costs. By asserting claims for the aforementioned reasons, we assure to provide remedy before the disputed issue is clarified in a legally binding manner, by which any possible risk of recurrence shall be obligatorily excluded. In the absence of any such preceding contact, any financial claims relating to legal cautions will be rejected as unfounded in terms of the legal obligation to avert, minimize or mitigate damages. Unnecessary and unjustified warnings and follow-up actions in this sense will be answered directly with a negative declaratory judgment and all additional related expenses incurred will be charged!
14. Severability Clause
Any part, provision or representation of these general terms and conditions, which is held to be void or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
15. Data Protection
On the basis of these general terms and conditions and in the context of initiation, conclusion, execution as well as reverse transaction of a purchase contract, the customer agrees to the collection, storage and processing of his personal data. This is in accordance within the scope of statutory provisions. The provider will not share personal information with any other third parties without the customer's permission, unless he is legally obliged to comply with the law or the customer has previously given his express consent to the information transmission. To the extent that a third party distributor is providing services related to the performance and manufacturing processes, the provisions of the German Data Protection Law shall be abided by. Personal data gathered during the sale procedure may be used exclusively for establishing the contact within the execution of the contract agreement and made available by the customer for this purpose only. Personal data is authorized only to the extent necessary to transfer to the transport company commissioned for delivery of the goods. Payment-related data will be forwarded to the credit institute through which the payment is to be made. Where filing periods are stipulated by the provisions of commercial and fiscal law, the storage period for certain data may be up to ten years. By visiting the provider's internet store the usage of anonymous data, particularly IP address, date and time of each visit, type of browser software, operating system and pages viewed, is recorded, which does not allow identification of an individual through personal data nor is it intended. Upon the customer's request his personal information may be deleted, corrected or blocked within the scope of applicable legal regulations. Pursuant to the Federal Law on data protection the customer shall have the right at all times to receive information free of charge concerning his stored personal data. Questions and requests relating to deletion, correction or blocking as well as collection, processing and use of personal data may be directed at the following address:
B. Pavlovic
Luegallee 11
40545 Düsseldorf
E-Mail: info@juwelier-krone.de
16. Battery Disposal Guideline
With regard to the distribution of batteries or with the delivery of devices that contain batteries we are obliged, in accordance to the battery regulation, to point out to our customers the following: As required by law, you are committed to return used batteries as the end-consumer. Old batteries, restricted to the type that we supply or have supplied in our assortment of new batteries, can be returned free of charge to our warehouse at the abovementioned shipping address.
Displayed symbols on the batteries have the following meanings:
Batteries marked with a crossed-out wheeled bin symbol indicate must not be disposed of in household waste.
Pb = battery contains more than 0.004 mass percent lead.
Cd = battery contains more than 0.002 mass percent cadmium.
Hg = battery contains more than 0.0005 mass percent mercury.
Please pay attention to abovementioned information.