GENERAL TERMS AND CONDITIONS
Uhrkultur GmbH – General Terms and Conditions
1. SCOPE
The following terms and conditions apply to the sale of products by Uhrkultur GmbH (Neckarstr. 66, 47051 Duisburg, Germany). These govern the contractual relationship between Uhrkultur GmbH and consumers and entrepreneurs who purchase goods in our online store, on watch portals or in our stores. Our General Terms and Conditions (GTC) also apply to future deliveries, services and offers to the customer, even if these have not been separately agreed again. Please read the provisions carefully. The purchase of an offered product implies that you agree to the terms and conditions. If you do not agree to any of these terms, you must not place any orders. Terms and conditions of the customer or third parties shall not apply, even if we do not object to them separately in individual cases; likewise, if we refer to letters that contain or refer to the terms and conditions of the customer or third parties, this shall not constitute consent to the validity of those terms and conditions.
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. Our offers represent a non-binding invitation to order goods.
2A. ORDERS
With your order you make a binding offer to conclude a purchase contract. This will only come into effect if you return the order confirmation received to us in full and within 24 hours as agreed.
2B. ORDERS Webshop Uhrkultur
With your order you make a binding offer to conclude a purchase contract. We are entitled to accept your offer within 2 working days by sending you an order confirmation by email. Depending on the model/brand/price/shipping location and country, some models may be excluded from shipping due to our insurance regulations. In the case of revocation of financing, the customer incurs a processing fee of 5% of the value of the goods.
2C. PURCHASE ENQUIRIES/ORDERS WATCH PORTALS
With your inquiry/order, you submit a binding offer to conclude a purchase contract. This does not constitute acceptance of your offer/order. A purchase contract with Uhrkultur GmbH is only concluded when we confirm your purchase request in a binding manner.
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.
4. PAYMENT
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. 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.
Uhrkultur GmbH Volksbank Rhein/Ruhr Duisburg IBAN: DE71 3506 0386 1163 0100 05 BIC: GENODED1VRR
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 dispatched promptly.
4C. Payment by EasyCredit
Supplementary General Terms and Conditions for easyCredit installment purchases
1 Scope of application and general terms of use
The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which the easyCredit installment purchase (hereinafter referred to as installment purchase) is used.
In the event of a conflict, the supplementary GTC shall take precedence over any other general terms and conditions of the retailer.
An installment purchase is only possible for customers who are consumers according to § 13 BGB (German Civil Code) and have reached the age of 18.
2. installment purchase
With the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter referred to as TeamBank AG), the retailer provides you with the installment purchase option for your purchase.
The retailer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the order section. If it is not possible to use the installment purchase option due to insufficient creditworthiness or reaching the merchant’s sales limit, the merchant reserves the right to offer you an alternative payment option.
The contract for an installment purchase is concluded between you and the retailer. There is no payment, but with the installment purchase you decide to pay the purchase price in monthly installments. Monthly installments are to be paid over a fixed agreed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made.
The receivables arising from the use of the installment purchase shall be assigned by the merchant to TeamBank AG within the framework of an ongoing factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect.
Apart from the general trade supervisory authority, the retailer is not subject to supervision by a supervisory authority. You can address complaints to the retailer by letter or e-mail.
3. installment payment by SEPA direct debit
With the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit.
Collection will take place at the earliest on the date specified in the pre-notification/advance notice. A later, more timely collection is possible.
If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification.
You must ensure that your current account has sufficient funds on the due date. Your bank is not obliged to honor the direct debit if there are insufficient funds in your current account.
In the event of a returned direct debit due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the returned direct debit results from circumstances for which you are not responsible.
Costs charged to TeamBank AG by your bank for a return debit note for which you are responsible may be claimed by TeamBank AG from you as damages and must be reimbursed by you. You reserve the right to prove to TeamBank AG that you have suffered less damage or no damage at all.
If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective prime rate of the European Central Bank for each reminder.
Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the retailer by transferring back the corresponding amount or by issuing a credit note.
5. SHIPPING
The delivery as insured value dispatch of the ordered products takes place only 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. In the event that warranty claims are asserted, the customer must prove that the defect already existed at the time of the transfer of risk and was not caused by wear and tear or improper handling after the transfer of risk. Unless expressly agreed individually, Uhrkultur GmbH does not give any further guarantees of quality or any other assurances. The condition of the product can be found in the respective item description and the product images. If the manufacturer’s warranty is still valid, you can contact any licensed fan dealer worldwide. 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 for used goods 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. The warranty on the water resistance of the watches is excluded. According to DIN 8310, water resistance is not a permanent characteristic.
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. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10. AMENDMENTS TO THESE TERMS AND CONDITIONS/SALVATORY CLAUSE
he conditions valid at the time of purchase of a product apply to the corresponding order and the corresponding 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.
Last update 01.04.2024
