General Terms and Conditions
§ 1 Validity of deliveries, offers and sales are exclusively based upon the following conditions
These terms of trade shall become part of all contracts and shall also be valid for future business
relationships without further agreement. Contradicting terms of trade or deviant counter-confirmations are only accepted after expressed written agreement of Uhren von UHR GbR
§ 2 Offer, acceptance and contract
Written or verbal offers are not binding and subject to change, even if not marked as such. The Uhren von UHR GbR internet offers are an invitation to contract according to german BGB. A purchase and sales contract between the customer and Uhren von UHR GbR is only formed after Uhren von UHR GbR confirms the customer’s order by E-Mail or letter.
§ 3 Deadline, delayed acceptance and special warranty
According to § 146 BGB a tender‘s order is terminated if it is either not accepted or rejected by Uhren von UHR GbR. Uhren von UHR GbR shall confirm any customer’s offer within seven days after receipt of the offer. If Uhren von UHR GbR doesn’t comply with this time limit, the purchase and sales contract fails and the customer is released from his binding offer. If Uhren von UHR GbR only confirms a customer’s order after the given period of time has expired, no purchase and sales contract is realized because the customer is released by the expiry of the given period. The order confirmation has to be seen as a new offer and the customer is free to either accept or deny it.
§ 4 Right of cancellation on the part of Uhren von UHR GbR
Uhren von UHR GbR reserves the right to cancel any purchase and sales contract. This may take place for example in cases of any supply bottleneck or unpredictable problems of delivery.
§ 5 Prices and shipping costs
All listed or quoted prices are not binding. Errors and price alterations are reserved. All prices are to be understood as given in Euro.
Other agreements provided, Uhren von UHR GbR delivers ordered items within Germany free for the customer. Other agreements provided, Uhren von UHR GbR provides insurance covering the purchasing price of each delivery. However, Uhren von UHR GbR reserves the right to charge possible insurance fees for shipment in certain cases after informing the customer. Some insurances exceeding the above given value require a special agreement. Additional costs for this increased insurance are charged to the customer.
Deliveries abroad, especially to non EU-countries, are charged with an adequate flat-rate for shipping according to the destination. Other agreements provided, the flat-rate for shipping to EU-countries is Euro 9.50 per delivery including postage, package, shipment, and insurance. The flat-rate for deliveries to non EU-countries (USA/Overseas) is Euro 29.50. Other agreements provided, Uhren von UHR GbR provides insurance covering the purchase price of each delivery. However, Uhren von UHR GbR reserves the right to charge possible insurance fees for shipment in certain cases after informing the customer.
§ 6 Passing of risk
Delivery / collection of goods shall be at the risk of Uhren von UHR GbR. Returns shall be at the risk of the customer and are only accepted by insured parcel (in the amount of the purchase price).
§ 7 Delivery
All binding dates of delivery are subject to expressed written confirmation. Part deliveries are permitted. Also in cases of binding agreements on deadlines and dates Uhren von UHR GbR is not liable for delays of delivery and performance by reasons of unforeseen circumstances and events essentially impeding or preventing delivery, i.e. strikes, breakdowns, official orders, problems of procurement also of suppliers.
The purchaser shall be obliged to accept ordered and delivered goods. In case the purchaser denies or omits acceptance, the purchaser is in default of acceptance. Following another failed attempt of delivery, Uhren von UHR GbR reserves the right to charge 20 % of the value of the goods ordered as compensation (subject to a possible higher damage)
§ 8 Conditions of payment
All deliveries are made against remittance, cheque payment, or cash. Mode of payment has to be arranged with Uhren von UHR GbR. Further modes of payment are possible upon agreement with Uhren von UHR GbR (advance payment, bank cheque). Payment is settled the moment the amount payable is credited to the account of Uhren von UHR GbR. Customer’s delay of payment authorizes Uhren von UHR GbR to charge a maximum interest of 5 % or the prime rate of the European Central Bank respectively. Enforcement of any further damage caused by delay is reserved explicitely.
§ 9 Retention or set-off
The customer is only authorized to retention or set-off of partial amounts if a counterclaim which shall be set off is finally decided or is confirmed in writing by Uhren von UHR GbR.
§ 10 Reservation of ownership
Uhren von UHR GbR reserves proprietary rights until all claims of Uhren von UHR GbR against the customer are settled, including future claims and claims arising from contracts made at the same time or later. This is also valid if some or all claims of the vendor were included in a current account and the balance is struck and accepted.
§ 11 Warranty
For all delivered goods Uhren von UHR GbR provides warranty coverage according to the statutory provisions for all damage resulting from material or production after passing of risk according to the following provisions: The customer obliges himself to examine all deliveries from Uhren von UHR GbR on receipt to be free from defects and in due condition.
Uhren von UHR GbR reserves the right for two attempts of remedy of defect. If the remedy of defect should fail the customer generally has the right of withdrawal or rescission. Warranty does not cover any defects caused by improper handling of the goods by the customer or a third party. In case of any claims the customer has to give an exact description of the defect to Uhren von UHR GbR. The removal of any marking, stickers or identification labeling off the goods causes loss of warranty.
§ 12 Copyright & Utilization Fees
The use of our image material requires our written consent and is always subject to royalties.
This also applies to the use of an image as a template for drawings, caricatures, imitations, for layout purposes and customer presentations or the use of any aspect of a photo as a component of a new picture, whether by photomontage, photo composition, electronic composition or similar technical means.
A contractual penalty amounting to five times the utilization fee of SME Foto-Marketing (MFM) shall be paid for every individual case of unauthorized (without the permission of Uhren von UHR GbR) utilization, use, reproduction or transmission of the picture material, subject to further claims for damages.
§ 13 Liability
This website was created with the utmost care. Nevertheless, we cannot guarantee the accuracy of the information contained therein. Any liability for damages incurred directly or indirectly from use of this website is excluded, unless caused by intent or gross negligence. If this website refers to Internet pages that are maintained by third parties, the company Uhren von UHR GbR is not responsible for their content.
§ 14 General conditions
If any provision of these Terms of Trade or of any other contractual agreements is or shall become invalid, the remaining provisions and agreements shall nevertheless remain in full force and effect. The partners oblige themselves already today to agree upon an alternative provision replacing the same in the best possible original, economic, and legal form.
Any modifications or amendments whatsoever of these Terms of Trade shall only be legally effective in written form. This is also valid for waiving the written form requirement. As far as this is legally possible, place of performance and jurisdiction is Heilbronn. Any dispute arising shall be governed by the German version of these Terms of Trade and by German Law.
Copyright 2011 by Uhren von UHR GbR