Term and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Warranty and Repair
- Redemption of campaign vouchers
- Alternative dispute resolution
- Code of Conduct
1) Scope of Application
1.1 These General Terms and Conditions of the company Circula Uhren (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The purchase contract is concluded with Circula Uhren, Inh. Cornelius Huber e.K.
2.2 The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.
2.3 The Seller may accept the Client’s offer within five days, by
• Issuing a declaration of acceptance in a separate e-mail or
• if applicable, carrying out the payment transaction through our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under “Payment”).
The alternative that is relevant to you depends on which of the listed events occurs first.
2.4 The German and the English language are available for the conclusion of the contract.
2.5 In case of an order via the Seller’s online shop, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. For all deliveries outside the European Union, prices do not include statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop. The following payment methods are generally available to you in the seller’s online shop:
4.2.1 Bank transfer
If prepayment by bank transfer has been selected, the seller provides the client with his bank details in a separate e-mail and delivers the goods after receipt of funds.
4.2.2 Credit card
In the ordering process you enter your credit card details. Your card will be charged immediately after placing your order.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information for the respective payment option and in the ordering process.
Purchase on account/ Pay later via Klarna: The invoice amount is due 30 days after the goods have been shipped and the invoice has been received.
Installment purchase/Slice it via Klarna: You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is EUR 6.95.
Immediately/ Pay now via Klarna: Your account will be debited immediately after placing the order.
4.2.5 Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, and have the Apple Pay function activated, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
5) Shipment and Delivery Conditions
5.1 The seller delivers the goods free of charge after receipt of payment, unless otherwise stated in the product description.
5.2 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
5.3 If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Client will be informed about this as soon as reasonably possible after the order has been placed. In this case, the Client has a right to dissolve the contract free of charge.
5.4 In case a shipment still has not been delivered at the delivery address of the Client (or the pick-up point) 14 days after the shipment date, the Client has the obligation to inform the Seller by email within 14 days to firstname.lastname@example.org (so: ultimately 28 days after the shipment date).
5.5 In case the Client receives a product that the Client did not order, or a product has been delivered to the Client in damaged or incomplete state, the Client must inform the Seller hereof as soon as possible (within 24 hours after receiving the order) by email to email@example.com. If a not ordered product, or a product in damaged or incomplete state has been delivered, we will bear the cost of returning the product and subsequently take care of the shipment of the correct product to the client, provided the client has fully conformed with these return instructions. A Client who returns a product in this situation at own costs, without first contacting the Seller and awaiting instructions, cannot claim the costs occurred.
5.6 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.7 In case the order that has been shipped to the Client went missing, or in case the Client claims to not have received the order (despite information such as the track & trace data / carrier information, indicating otherwise), the complaint procedure of the carrier will be started and the outcome of this procedure will be awaited, before any refund or re-shipment shall take place. The Client will fully cooperate with the complaint procedure of the carrier.
5.8 Personal collection is not possible for logistical reasons.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7) Warranty and Repair
7.1 Should the object of purchase be deficient upon delivery, statutory provisions shall apply.
7.2 If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
7.3 In addition to the Clients statutory rights that may exist in case the product has already a defect at the time the risk is passing onto the Client, the Seller grants a two (2) year warranty period on all watches relating to the movement, hands and dial. The warranties guarantee the Client that the products meet the common standards of usability, reliability and durability.
The warranties do not apply in case of:
– damages as a result of improper usage (e.g. scratching, bumping or falling),
– intentional damage,
– normal wear and tear or aging of the used materials,
– damages as a result of neglected care,
– theft or loss.
7.4 The warranted performance is restricted to reparation or substitution of the defect watch only. In case of a defect within the warranty period the Seller chooses between reparation and substitution of the watch by the same model. The warranty is only granted upon presentation of the defective watch, the invoice and evidence for the defect appeared within the warranty period. This evidence is also given by sending the defective watch to the Seller within the warranty period.
7.5 The water resistance of the seller’s watches is indicated on the case back. Watches that are water resistant to between 3 ATM and 10 ATM are rainproof or splashproof and cannot be worn when bathing, swimming, or diving. Watches that are water resistant to between 15 ATM and 30 ATM can be used for swimming, snorkeling, and shallow free diving.
7.6 The warranties no longer apply in case a third party performed repair works or other works on the product, without prior written permission by the Seller.
7.7 Performing the warranty, the Seller sends the watch repaired or substituted to the Client at risk and costs of the Seller. However, the Client sends the watch to the Seller at own risk and costs. Shipment costs for a return shipment after a warranty or repair request, for defects occurring through inappropriate handling by the Client, as stated in 7.3, will be borne by the Client.
7.8 The processing time for the repair of a defect watch is at least two weeks plus the time for the return.
7.9 Customer service: You can reach our customer service for questions and complaints on weekdays from 9:00 a.m. to 4:00 p.m. (CET) on the telephone number +49 7236-7090864 as well as by e-mail at firstname.lastname@example.org or by post at Circula Uhren, Poststr. 38, 75210 Keltern, Germany.
8) Redemption of campaign vouchers
8.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
8.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
8.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
8.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of promises of guarantees, if agreed, or
• as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
10) Alternative dispute resolution
10.1 The EU Commission provides on its website the following link to the ODR (online dispute resolution) platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
11) Code of Conduct
We have submitted to the following codes of conduct:
– Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)