General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Gnomonik GmbH) via the schaumburgwatch.net website. Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes, which can be attributed predominantly neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we will submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". By clicking the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before submitting your order you have the possibility to check all details again, to change them (also by using the "back" function of your internet browser) or to cancel the purchase.
By submitting the order via the button "pay order" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. For this purpose, we will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats shall be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
(4) Insofar as stated in the respective offer, you will receive a correction template from us, which you must check immediately. If you agree with the draft, please release the correction template for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the correction template for correctness and completeness and for notifying us of any errors. We do not assume any liability for unobjected errors.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
Insofar as we have assumed warranties, we grant these warranties for new goods and services in accordance with the following warranty conditions: We guarantee every customer who purchases a new watch from us that it is free of material and manufacturing defects (durability guarantee). The customer receives a corresponding warranty card with the purchase of the watch. The warranty period is 1 year from the date of purchase of the watch, unless otherwise stated in the item description and on the invoice.
The customer has to inform GNOMONIK GMBH immediately after knowledge of the possible warranty case so that consequential damages can be avoided. GNOMONIK GMBH will check the watch handed over by the customer upon receipt. In the event of a warranty claim, we will repair the watch at no extra cost to the customer. If a repair is not successful after two attempts, GNOMONIK GMBH will deliver a new watch or a comparable watch model to the customer in case of warranty of new goods.
If the customer wishes to claim the warranty, he must send us the watch together with the receipt (invoice) or warranty card with a detailed description of the damage. In the event of a warranty claim, we shall bear the costs of sending in and returning the watch as well as the transport risk if the transport is carried out by the transport company specified by us. Otherwise, the customer shall bear the costs of sending and returning the goods as well as the transport risk. Any costs for customs duties, import duties and other fees incurred in connection with the return of the watch in the recipient country shall be borne by the recipient. are excluded from the warranty on new goods and services: Damage caused by improper use of the watch, in particular damage caused by impact or shock. Damage caused by improper repairs not carried out by GNOMONIK GMBH. Normal signs of wear, especially on wristbands and watch cases. The loss of water resistance of water resistant watches after 12 months from the date of purchase. Repair services within the scope of the guarantee and the legal guarantee as well as repair services as a gesture of goodwill. The following are additionally excluded from the warranty on services: older watches which are no longer fully recoverable in their function. The statutory warranty rights of the customer are not affected by this warranty.
§ 5.1 Warranty -EU
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. After a second unsuccessful attempt, the rectification of the defect shall be deemed to have failed, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of this period shall not apply:
- culpably caused damages attributable to us arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights of defect.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II Customer Information
1. identity of the seller
- Gnomonik GmbH
- Kirchplatz 5
- 31737 Rinteln
- Phone: 05751923351
- E-mail: firstname.lastname@example.org
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS Platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1 Contract language is German or English.
3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form within the framework of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or services are to be found in the respective offer.
5. prices and terms of payment
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They can be called up via an appropriately marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
7. Legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by the lawyers of the dealer association specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 19.11.2019
Right of withdrawal for consumers in the European Union
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed to them)
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of revocation,
at which you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery;
In order to exercise your right of revocation, you must inform us (Gnomonik GmbH, Kirchplatz 5, 31737 Rinteln, telephone number: 0049 5751 92 33 51, fax number: 0049 5751 92 33 52, e-mail address: email@example.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
Reasons for exclusion or extinction
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
- the supply of alcoholic beverages whose price was agreed at the time of conclusion of the contract but which can be supplied no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no control;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
You can download a ready-made sample at: http://www.schaumburgwatch.com/widerruf.pdf
- To Gnomonik GmbH, Kirchplatz 5, 31737 Rinteln, fax number: 0049 5751 92 33 52, e-mail address: firstname.lastname@example.org :
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.