Käyttöehdot
General Conditions of Sale and Delivery of Citizen Watch Europe G.m.b.H.
Section 1 Scope and definition of terms
- These General Conditions of Sale and Delivery (hereinafter referred to as “Sales Conditions”) apply to all contracts Citizen Watch Europe G.m.b.H. (hereinafter referred to as “Seller”) concludes with consumers (hereinafter referred to as “Buyer”) with regard to online purchases made from its webshop (“Webshop”)..
- The Buyer is a consumer if he uses the products and services ordered predominantly for purposes outside his trade or profession. A trader, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his trade or profession.
- The Buyer may at any time download these Sales Conditions by clicking the buttons “Download” on the Seller’s website and save and/or print the pdf-file.
Section 2 Conclusion of contract
- The offer of products by the Seller in its Webshop is non-binding and does not constitute an offer in the legal sense. By clicking the button “Add to basket” the Buyer may add the respective product to the virtual shopping basket. This process is non-binding and is no offer to enter into a contract. Before submitting an order the contents of the order including the Buyer’s data will be shown on an overview page. The Buyer may edit any order data using the relevant buttons. By clicking the button “Buy now” the Buyer makes a binding offer to the Seller for buying the products added to the basket.
- Upon receipt of the order the Seller sends an automatic acknowledgement of receipt to the Buyer by e-mail, which once more shows the details of the order. The automatic acknowledgement of receipt merely documents that the Buyer’s order has been received by the Seller and is not an acceptance of the offer. A contract between the Seller and the Buyer does not come into effect until the Seller declares the acceptance of the offer. The order acceptance is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail or upon delivery of the products at the latest, the Seller shall send the contents of the contract (encompassing the order, the Sales Conditions, information about the right to withdraw from the contract and the order confirmation) to the Buyer on a durable medium (e-mail or paper) (contract confirmation). The Seller will store the contents of the contract taking into account any data protection requirements.
- The contract is concluded in German.
Section 3 Delivery, availability of products
- The Seller is entitled to make reasonable partial deliveries.
- The delivery lead time stated by the Seller when the order is made or any other agreed delivery lead time starts on the day the full sales price (including VAT and shipping costs) is received if advance payment was agreed or, if cash on delivery or payment upon receipt of invoice was agreed, on the day the contract is concluded.
- If at the time the order is submitted by the Buyer the products stated in the order are not available, the Seller shall notify the Buyer immediately in the order confirmation. If the products are out of stock for longer periods, the Seller will not accept the order and shall notify the Buyer accordingly in a separate email. In such cases no contract is concluded.
- If at the time the order is submitted by the Buyer the products stated in the order are only temporarily not available, the Seller shall also notify the Buyer immediately in the order confirmation. If delivery is delayed for more than two weeks, the Buyer is entitled to rescind the contract. In such cases also the Seller is entitled to cancel the contract. The Seller shall then refund to the Buyer any payments that may have been made by that time.
- The following restrictions apply to shipments: The Seller only ships to Buyers who have their habitual residence (invoice address) in one of the following countries and who state a delivery address in the same country: Germany, Austria, The Netherlands and Switzerland.
Section 4 Retention of title
The Seller retains the title to the products supplied until payment is received in full.
Section 5 Prices and shipping costs
- All prices stated in the Seller’s Webshop are inclusive of VAT applicable at the time and exclusive of any shipping costs.
- The Buyer shall bear any shipping costs. For an overview of shipping costs we refer to the link “Shipping Costs” The shipping costs are also shown on the overview page before the Buyer submits the order.
- The products are shipped by ordinary mail. The risks involved in shipping are borne by the Seller.
- In case the Buyer withdraws from the contract, the Buyer shall bear the direct costs of returning the products.
Section 6 Terms of payment
- The Seller accepts the following forms of payment: advance payment, credit card or PayPal.
- The purchase price is due for payment immediately upon the conclusion of the contract. If a calendar date was fixed for payment, the Buyer is in default if the payment is not made by that date. If the Buyer defaults in payment, the Buyer shall pay to the Seller default interest to the amount of 5 percentage points above the current base rate.
- The Buyer’s obligation to pay default interest is without prejudice to any other damages the Seller may claim as a result of the default.
- If, after the conclusion of the contract, the Seller becomes aware of any circumstances that are likely to materially affect the Buyer’s creditworthiness and therefore the payment of the purchase price becomes doubtful, the Seller is entitled to withhold delivery of any outstanding products or performance of any outstanding services until the Seller has received an advance payment or a security and - as the case may be, after fixing another due date - rescind the contract.
- If, after the conclusion of the contract, the Seller becomes aware of any circumstances that are likely to materially affect the Buyer’s creditworthiness and therefore the payment of the purchase price becomes doubtful, the Seller is entitled to withhold delivery of any outstanding products or performance of any outstanding services until the Seller has received an advance payment or a security and - as the case may be, after fixing another due date - rescind the contract.
Section 7 Warranties
- The Seller shall be liable for any defects in quality under the applicable legal provisions, in particular sections 434 et seq. of the German Civil Code (Bürgerliches Gesetzbuch BGB).
- Any offer including a warranty is without prejudice to any warranties implied under German law.
Section 8 Liability
- The Buyer is not entitled to claim damages except those arising from loss of life, bodily injury or damage to health or from the breach of essential contractual obligations and liability for any other damage caused by willful breach of obligations or gross negligence by the Seller, its legal representatives or agents (“Erfüllungsgehilfen”). Essential contractual obligations are obligations whose performance is necessary to accomplish the purpose of the contract.
- In case of breach of essential contractual obligations the Seller shall be liable only for foreseeable losses that are typical for such contracts if these losses are caused by negligence (“einfache Fahrlässigkeit”) unless the Buyer claims damages that arise from loss of life, bodily injury or damage to health.
- The limitations stated in para. (1) and (2) also apply to the Seller’s legal representatives and agents if claims are asserted against them directly.
- These liability limitations apply to all claims for damages asserted for whatever legal cause, in particular with regard to liability arising from default, defects, torts, breach of contract and breach of obligations when initiating or negotiating a contract.
- This is without prejudice to the provisions of the Produkthaftungsgesetz (German law on product liability).
Section 9 Withdrawal
As a consumer the Buyer is legally entitled to withdraw from any contract the Buyer has concluded using the Seller’s Webshop. On the overview page called “Order Summary” the Buyer is informed via the link “For more details about your right of withdrawal click here” about his legal right to withdraw from the contract before submitting his order (cf. Section 2 (1)). When submitting his order by clicking the button “Buy now” the Buyer confirms that he has read the information about his right to withdraw from the contract. If the Buyer wishes to withdraw from the contract, the Buyer may click the link “For more details about your right of withdrawal click here” on the “Order Summary” and use the form provided below the information, however, the Buyer is not obliged to use the form.
Section 10 Final provisions
- Any contracts concluded between the Seller and the Buyer are governed by the laws of the Federal Republic of Germany. The provisions of the “United Nations Convention on Contracts for the International Sale of Goods” do not apply. This is without prejudice to any legal provisions restricting the choice of law and regarding the application of mandatory provisions, in particular those imposed by the state in which the Buyer as a consumer has his habitual residence.
- If a provision of the contract is legally invalid, the remaining provisions remain valid. The invalid provisions are replaced, where possible, by legal provisions.