Conditions of Use
Conditions of Use of LACO Uhrenmanufaktur GmbH for ordering services via the Internet
1. DELIVERY ADDRESS, SUBJECT OF THE GENERAL TERMS OF BUSINESS
1.1 The subject of these General Terms of Business is providing the terms and conditions for all agreements of LACO Uhrenmanufaktur GmbH with the customer, which have been concluded via this Internet shop.
1.2 The General Terms of Business shall be applicable in the version that is currently valid on the date of conclusion of agreement. Differing terms of the customer shall not be applicable and shall not become part of the agreement even if LACO Uhrenmanufaktur GmbH does not expressly reject such terms.
2. CONCLUSION OF AGREEMENT
The offers in the Internet shop are not binding. By clicking on the order button, the customer bindingly declares to LACO Uhrenmanufaktur GmbH his intention of buying the content of the shopping basket. Conclusion of the agreement requires previous acknowledgement by LACO Uhrenmanufaktur GmbH after the order has been sent.
3. INFORMATION OBLIGATIONS
3.1 If the customer wants to order watches, he has to enter the data that are required for the execution of the order. The customer is obliged to provide true and correct data in the registration process. If the customer’s data that are required for the order, especially the proxy of the representative of the customer which is authorized to place orders, should change, the customer is obliged to inform LACO Uhrenmanufaktur GmbH immediately about such change.
3.2 If the customer fails to comply with his information obligation, or if he provides wrong data from the very beginning, LACO Uhrenmanufaktur GmbH has the right to rescind from the agreement if any agreement has already be concluded. Such rescission also may be declared by means of an e-mail.
3.3 The customer has to make sure that any e-mail account that he may have quoted, is accessible from the time of quotation. In particular, he has to make sure that the reception of e-mail- messages is impossible due to the transfer, cancellation or overfilling of the e-mail account.
3.4 The data quoted under the foregoing paragraph 3.2 are supposed to be erroneous if an e-mail to the customer will be returned three consequential times, or if the service cannot be performed due to an erroneous address.
4. RIGHT OF CANCELLATION
4.1 The customer has the right of canceling the agreement without quotation of reasons within a period of a fortnight after the reception of the service, by means of a corresponding statement in writing or via e-mail to LACO Uhrenmanufaktur GmbH, or by returning the watches in original condition to LACO Uhrenmanufaktur GmbH. The provided period is complied with if the watches are sent within the aforesaid period.
4.2 In the case of cancellation, LACO Uhrenmanufaktur GmbH will reimburse the purchase price totally as soon as the customer has returned the goods in original packaging, marked with his name and address. In every case, the customer has to bear all risks and expenses of the return of the goods. This shall not apply to deliveries which include defective goods or other goods than those which were ordered. In such cases, LACO Uhrenmanufaktur GmbH shall bear the expenses of the return, but not more than the amount of costs for a standard post parcel delivery. LACO Uhrenmanufaktur GmbH reserves the right to claim compensation for the reduction of value of returned goods due to damage or use, by which the reduction of value exceeds the reduction due to adequate use, as well as the remuneration of the reduction of value due to use. Compensation claims can be set off against such purchase prices that have already been paid, if any.
4.3 The right of cancellation shall not apply in the following cases: In the case of watches that have been manufactured according to customer specifications.
4.4 An unrestricted right of return as provided by § 361b of the German Civil Code shall be excluded.
5. SHIPMENT, PRICING, PASSING OF RISK, RESERVATION OF TITLE
5.1 If the promised items are not available since the subcontractors of LACO Uhrenmanufaktur GmbH have failed to provide supplies, or have not provided supplies in time, or the stock of ordered goods has been sold out, LACO Uhrenmanufaktur GmbH has the right to rescind from the agreement and does not have to perform the promised service. In such case, LACO Uhrenmanufaktur GmbH is obliged to inform the customer immediately about the non-availability, and to immediately reimburse to the customer any payment he has already made. We have the right to carry out part deliveries, any of which is deemed to be an individual agreement.
5.2 LACO Uhrenmanufaktur GmbH will ship the ordered watches to the address that has been quoted in the order.
5.3 The list prices already include the German VAT at the currently valid rate. Within Germany, we will deliver free of charge. For deliveries outside Germany, we charge the forwarding expenses becoming due for the particular country. The agreed prices are only valid for the individual order. Subsequent orders are deemed to be new orders.
5.4 If the shipment or the delivery is delayed due to reasons within the customer’s responsibility, or if the customer is in delay of acceptance due to any other reasons, the risk shall pass to the customer at the time of occurrence of the delay.
5.5 The title of property to the delivered goods shall pass to the customer upon complete payment of the purchase price. If LACO Uhrenmanufaktur GmbH replaces watches in the execution of an order of the customer, the title of property to those watches that have been taken back shall pass back to LACO Uhrenmanufaktur GmbH upon replacement, and the title of property to the watches delivered in the course of replacement shall pass to the customer upon the customer’s compliance with his obligations towards LACO Uhrenmanufaktur GmbH due to the performance of service.
6. DAMAGE DURING TRANSPORT / RECOGNIZABLE DAMAGE DURING TRANSPORT
The customer is obliged to have the freight carrier confirm recognizable damage during transport upon reception of goods. The confirmation of damage is to be submitted to us immediately. Claims due to recognizable damage which has not been confirmed, cannot be accepted afterwards, and such damage is not covered by any insurance. Concealed Damage during Transport If a concealed damage during transport or defect should exist, such damage is to be reported in writing to the freight carried immediately, and claims of compensation are to be made to the freight carrier. Please provide to us immediately the evidence of having reported the concealed defect. Deadline terms are to be complied with in the reporting of concealed defects. Concealed defects are to be reported within the period between the reception of the goods and such deadlines. For any notice to the post service, this period will be 24 hours.
7.1 Domestic Orders In the case of payment by cash upon delivery, the payment of the purchase price shall become due immediately upon the performance of service and the delivery of the invoice to the customer. In the case of payment in advance, the payment of the purchase price will become due before the shipment of the goods. Orders from Abroad Payment is to be made exclusively in advance or by means of credit card (Visa Card or Master Card exclusively).
7.2 The customer shall not have the right of offset unless his counterclaims have been determined to be legally valid, or if such counterclaims are indisputable.
7.3 The customer shall not have the right of retention unless his counterclaim is based on the same legal condition.
8.1 The customer has to raise any complaint due to defects immediately or not later than two weeks after the reception of the watches, by means of written notice to LACO Uhrenmanufaktur GmbH. If such notice is not given within the provided period, any claim of warranty shall expire.
8.2 LACO Uhrenmanufaktur GmbH warrants for defects in watches which occur within 24 months after the passing of risk, due to a circumstance that occurred before the passing of risk (e.g. construction errors or material defects, lack of assured properties). This warranty only includes the repair of the defective goods. Further claims shall be excluded.
8.3 If the repair of the defect within an adequate period should fail, the customer shall have the right to claim a reduction of the price or the cancellation of the agreement. These terms shall not affect section.
9. LIABILITY OF LACO UHRENMANUFAKTUR OF LACO UHRENMANUFAKTUR GMBH
Liability of LACO Uhrenmanufaktur GmbH 9.1 The liability for consequential damage of any kind, which occur due to failure of delivery or the delivery of the wrong goods, or due to failure of function of watches purchased from us, shall be excluded. Any further claims of warranty and compensation of damage by the customer beyond those quoted in this agreement shall be excluded.
10. PROTECTION OF DATA, PLACE OF JURISDICTION
10.1 If personal data should be stored or processed in any way, LACO Uhrenmanufaktur GmbH shall comply with the provisions of the laws on data protection. In particular, LACO Uhrenmanufaktur GmbH will comply with the instructions of the customer and to take the technical and organizational measures that are required for the protection of data against unauthorized use.
10.2 German law shall apply exclusively, under exclusion of the UN purchase law. If the customer is a professional merchant, place of jurisdiction shall be Pforzheim/Germany.