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
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 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.3 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.
1.4 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 In case of an order via the Seller’s online order form, 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. In addition, the text of the contract will be stored on the Seller’s website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The German and the English language are exclusively available for the conclusion of the contract.
2.7 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.
4.3 If prepayment by bank transfer has been selected, we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
4.4 When choosing the payment method credit card, the invoice amount is immediately due when concluding the contract. Processing of the payment method credit card takes place in cooperation with Stripe Payments Europe Ltd, C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter referred to as “Stripe”) to whom the Seller assigns his claims. Stripe, Inc. debits the credit card account indicated by the Client with the invoice amount. In case of assignment, payments can only be made to Stripe, Inc. with debt-discharging effect. The credit will be debited immediately after the Client’s order has been submitted within the online ordering process. In case of choosing the method of payment direct debit via Stripe, Inc., the Seller will remain responsible for general customer questions regarding for example the goods, delivery time, dispatch, returns, complaints, cancellation statements and its mailing or credit memos.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.6 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment must be made to Klarna:
4.6.1 Invoice: When purchasing with Klarna Pay Later, you get the goods first and you have a payment period of either 14 days or 2 months. You can find the complete terms and conditions for invoice purchase here. The online shop charges a fee of EUR 0 per order when purchasing with Klarna Invoicing. Klarna charges a fee of 0.59 euros for purchase on account with a payment term of 2 months.
4.6.2 Immediately: Your account will be debited immediately after placing the order.
4.6.3 Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.
4.6.4 Credit card (Visa / Mastercard): The debit is made after the goods have been dispatched.
4.6.5 Installment purchase: With the installment purchase service Klarna Slice It, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95). Further information on Klarna hire purchase including the general terms and conditions and the standard European information for consumer loans can be found here.
5) Shipment and Delivery Conditions
5.1 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.
5.2 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.
5.3 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 email@example.com (so: ultimately 28 days after the shipment date).
5.4 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 firstname.lastname@example.org. 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. The Client will take care of the return shipment of such a product after receiving return instructions from the Seller and the Seller will bear the costs of this shipment. The Seller will 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.
5.5 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.
5.6 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.
5.7 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 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.
7.3 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 Sellers watches are either 3 ATM or 5 ATM Water Resistant: this means that the watches are protected against rain or splashes of water and cannot be worn during bathing, swimming or 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 Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
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.
9) Alternative dispute resolution
9.1 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.
9.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.