GENERAL TERMS AND CONDITIONS
Uhrkultur GmbH – General Terms and Conditions
The following terms and conditions apply to the sale of products offered by Uhrkultur GmbH (Neckarstr. 66, 47051 Duisburg, Germany). The purchase of an offered product implies that you agree to the terms and conditions. Please read them carefully. If you do not agree to any of these terms, you must not place any orders.
2. CONCLUSION OF THE CONTRACT
If you are under 18 years of age, you need the consent of your legal representative to conclude a contract with Uhrkultur GmbH. Our advertised offers are non-binding.
With your order you make a binding offer to conclude a purchase contract. After submitting your order, you will receive a binding order confirmation. This will only come into effect if you return the order confirmation received to us in full and within 24 hours as agreed.
3. PRICES AND TAXES
The advertised products do not include shipping costs. Information on shipping costs will be displayed before you place your order. All prices are inclusive of VAT, provided that this is shown separately before the order is placed, alternatively differential taxed without VAT shown.
The purchaser can pay the purchase price in principle by advance payment, immediate bank transfer or on collection on site. However, for each order we reserve the right not to offer certain payment methods and to refer to other payment methods. You will receive detailed information on the respective possible payment methods with the binding order confirmation. Each delivered product remains the property of Uhrkultur GmbH until payment has been made in full. If third parties are the owners of the ordered products – the respective owner.
4A. PAYMENT BY BANK TRANSFER
Payments by bank transfer are to be made exclusively to the following bank account. Please state your name and order number as the purpose of payment.
Volksbank Rhein/Ruhr Duisburg
IBAN: DE71 3506 0386 1163 0100 05
4B. PAYMENT BY IMMEDIATE BANK TRANSFER
Sofortüberweisung.de is an easy-to-use direct transfer procedure with the high security standards of online banking and TÜV-tested data protection. The payment form of DIRECTebanking.com is specially secured and not accessible for merchants. As soon as you set up a transfer for your online banking account, the purchase amount will be transferred to us immediately and directly. Your order can then be shipped immediately.
The delivery of the ordered products will only take place after the purchase price has been credited to our account. As soon as the products you ordered have been dispatched to you, you will receive a corresponding dispatch confirmation by e-mail with a tracking number for shipment tracking. If a product cannot be delivered due to incorrect or incomplete delivery information on your part, it will be returned to Uhrkultur GmbH. We reserve the right to charge you shipping and handling fees, if applicable. The delivery time stated in the order confirmation applies (non-binding guide values of our shipping service providers).
6. WARRANTY / LIABILITY
In the event of defects, you are entitled to the statutory warranty rights against Uhrkultur GmbH as the seller. Unless expressly agreed individually, Uhrkultur GmbH does not give any further guarantees of quality or any other assurances. You can contact any licensed fan dealer registered worldwide for any manufacturer’s warranty. Uhrkultur GmbH is not obliged to make a subsequent delivery within the scope of subsequent performance. We are liable in cases of intent, gross negligence on the part of Uhrkultur GmbH, as well as a representative or vicarious agent, and in cases of negligently caused injury to life, limb or health in accordance with the statutory provisions. Otherwise Uhrkultur GmbH is only liable if a defect has been fraudulently concealed or a guarantee for the quality of the object of performance has been given in writing. The above provisions shall apply to all claims for damages, irrespective of the legal grounds, in particular due to defects, the breach of duties arising from the contractual obligation or from tort. They also apply to the claim for reimbursement of futile expenses. The limitation period against Uhrkultur GmbH due to a defect is one year. For new goods delivered to consumers, the limitation period is two years, with the exception of claims for damages due to a defect, and 1 year for claims for damages due to a defect. However, these limitation periods shall not apply in the event of intent or fraudulent concealment of a defect. They do not apply to claims for damages in the event of grossly negligent breach of duty and in cases of culpably caused injury to life, limb or health. The limitation periods shall also apply to the reimbursement of futile expenses. A change in the burden of proof to the detriment of the Client is not associated with the above provisions. Any manufacturer’s guarantees remain unaffected by this.
7. BATTERY LAW
Under certain circumstances, the products we ship contain batteries. In these cases, we are obliged to inform you of the following: Batteries must not be disposed of in household waste. You can return batteries free of charge after use at the point of sale, in shops or at a municipal collection point. Our take-back obligation as a distributor is limited to batteries of the type that we carry or have carried in our range. As the end user, you are legally obliged to return used batteries. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out dustbin and the chemical designation Cd, Hg or Pb. Cd stands for cadmium, Pb for lead and Hg for mercury.
8. DATA PROTECTION
9. APPLICABLE LAW AND PLACE OF JURISDICTION
These terms and conditions and any disputes arising out of or in connection with these terms and conditions shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from or in connection with these terms and conditions, the place of jurisdiction for orders of products by merchants shall be Duisburg. Otherwise, the statutory provisions shall apply to all disputes arising from or in connection with these terms and conditions with regard to the place of jurisdiction.
10. AMENDMENTS TO THESE TERMS AND CONDITIONS/SALVATORY CLAUSE
The terms and conditions in force at the time of purchase of a product apply to the relevant order and the relevant product. Uhrkultur GmbH reserves the right to change these conditions. Such changes shall not apply retroactively and shall only apply to future orders. If any provision of these Terms is or becomes void, invalid, unenforceable or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these Terms shall not be affected thereby.