§ 1 Extent of Application
These Terms and Conditions apply to the contract of sale concerning products from the watch shop of Uhrzeit.org GmbH, in the following referred to as Uhrzeit.org, and the buyer. Internal arrangements are possible, however these should be acknowledged by both parties to avoid possible evidence problems. The customer´s acknowledgement can be sent to shop(at)uhrzeit.org.
§ 2 Conclusion of Contract
The prices of the watch shop are to be seen as an invitation for the buyer to place a bid, however not as a binding offer. By sending an order the customer places a bid for the ordered watches. Uhrzeit.org accepts the offer by either sending an individual e-mail of acceptance within seven workdays or by sending the ware within fourteen days, starting from the day the payment was received. The e-mail of acknowledgement following the order is not an acceptance of the contract, it contains Instructions of Recall concerning distance selling laws, and these Terms and Conditions. The payment for wares takes place in advance, by credit card or cash on delivery to Uhrzeit.org. If Uhrzeit.org does not accept the customer´s offer (e.g. if the ware is not available) Uhrzeit.org informs the customer immediately and will return already possibly paid amounts to the customer.
§ 3 Date of Delivery
§3.1 Uhrzeit.org may offer their products at cheap rates, as not all watches are kept in stock. This is indicated within each product presentation. Please note that the delivery periods are estimates based on past experience and there may be a delay of a few days beyond the duration of shipping indicate. There is always the possibility of inquiring about the date of delivery before placing an order with Uhrzeit.org.
§3.2 Our shipping partner is DHL world parcel service, where DHL will hand the shipment over to the national post organisation in some countries. Delivery within the EU and to Switzerland and Norway usually take between 3-5 days. We have chosen DHL for their reliability and punctuality. Unfortunately there are rare cases in which a delivery can be delayed or lost. We can in no way guarantee the delivery on a specific date. In the case of an unexpected delay or loss of shipment we will contact the shipping companies immediately and undertake anything within reason to make sure the customer receives the order as quickly as possible.
Please note that in almost all cases the parcels are only delayed and will be delivered. Thus we can not refund payments or reship orders until the parcel has been confirmed to be lost by the shipping company themselves. This can happen within the following time periods:
DHL national parcel: 15 working days
DHL international parcel: 20 working days
Please understand that we need to give the shipping companies some time to investigate the whereabouts of a shipment before refunding or resending the order. The general right to withdraw from the contract is
§3.3 In the case of the shipping company marking a parcel as delivered and signed for, when the customer has not received it, we will require the customer to fill in and sign a recipient’s statement for denial of receipt. Such cases will have to be investigated by the shipping company and we will not be able to offer a reshipment or refund until the shipment has been confirmed as lost by the shipping companies.
§3.4 All deliveries must be signed for at handover by the recipient. In the case of an addressee not being present at the time of delivery, a card will be left by the shipping company with instructions on where the parcel can be picked up at the local sorting office.
§3.5 If the delivery address is a multiple occupation building, any occupant has the right to sign for the parcels receipt. The shipping company reserves the right to consider a shipment as delivered once an occupant of the delivery address has signed for it. It is the customers responisbility to obtain the item from the signee.
§3.6 If the shipping service is unable to hand over the parcel at the delivery address, it is the shipping companies responsibility to keep the parcel at the local sorting office for pickup for a period of one week. It is the recipient’s responsibility to locate their local Royal Mail sorting office and pick up the item within the weeks period. If the shipping company failed to hand over the parcel and the recipient did not pick it up at the local sorting office, the item will be returned to us. It is the customers responibility to arrange a new delivery with us. We reserve the right to charge a shipping fee in the case of a second delivery attempt.
§ 4 Prices and Delivery Costs
The indicated prices are final prices including VAT. Uhrzeit.org is responsible for delivery costs within Germany for a single amount of 40,- Euro (with the exception for the payment option cash on delivery), up to a total order price of 40,- Euro the customer is charged with a delivery cost of 4,95 Euro. The delivery costs can be checked through the link Delivery Costs
§ 5 Warranty, Liability
Fulfilment of the warranty follows legal regulations, however the rights to the warranty are primarily limited to supplementary performance. If the supplementary performance has been fulfilled by a replacement delivery, the customer is legally bound to return the damaged ware to us within 30 days. If the supplementary performance has failed, you may withdraw from the buying contract or lower the buying price. The period of warranty for consumers is 24 months after revceiving the ware. For buyers who are not consumers in regard to para. 13 of the German Civil Code the period of warranty is 12 months.
(1) As far as indemnity claims are made towards us we are liable for premeditation or gross negligence, including premeditation or gross negligence of our accredited agents or auxiliary persons. In any other case our liability is limited to damages typically predictable when closing the contract, with the exception of premeditation or gross negligence.
(2) We are only liable for slight negligence, if we violate an obligation of special importance to the fulfilment of the contract (‘cardinal obligation’).
(3) If there are no diverging arrangements, liability is exempted
(4) Liability due to Product Liability Act is unaltered (paras. 1, 14 Product Liability Act)
(5) All aforementioned exemptions from liability and/or limitations of liability do not apply to life, health and bodily harm.
§ 6 Instructions on withdrawal
(1) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Uhrzeit.org GmbH, Holzbrücke 7, 20455 Hamburg, Germany
Tel. 040-24424940, Fax: 040-24424959, shop-enuhrzeit.org
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attachedmodel withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods if the goods supplied correspond with those ordered and if the price of the items to be returned does not exceed a value of 40 Euros.
Otherwise we will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 7 Returns and Exchange
a)We offer our customers a 30 day return period in addition to the 14 cooling off period granted by the rules of distance selling. This means that the customer my return any item within 30 days of delivery, for a refund of the buying price. Please acknowledge that we reserve the right to withhold partial payment for any signs of wear and tear that the item my be returned with. It is the customers responsibility to package the item for shipping properly as we are not liable for damages sustained during return transportation.
b) Our customers have the right to exchange any item within a 60 day period, beginning with the date of delivery. Please note that we will only exchange undamaged or marked goods. The buying price will be substituted to credit of the same value, which can be used towards an alternative item or awarded as a shop voucher to be used at a later date. Please note that if the exchange item costs less than the original purchase, the excess amount can only be substituted as a shop voucher.
§ 8 Severability Clause
If single regulations of these Terms and Conditions do or will not apply, the further application of these Terms and Conditions is not limited in any way. All parties are obligated to bridge a resulting gap with an applicable regulation, whose regulatory content comes as close as possible to the desired economical sense and application of the invalid regluation and the contract.
§ 9 Court of Jurisdiction and further notes
The court of jurisdiction will be agreed upon with traders and legal personnel in Hamburg, Germany.
This contract and all legal relations of the parties are subject to Federal German Law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Hamburg, the 27th of April, 2009