GENERAL TERMS & CONDITIONS SWISS ONLINE STORE
1. AREA OF APPLICATION AND CONTRACTING PARTNERS
1.1. For the contracts between BUCHERER Deutschland GmbH, Residenzstraße 11, 80333 Munich, Germany, VAT ID no. DE 812056632 | HRB 149582, Register Court: Munich District Court HRB 149582, (hereinafter referred to as “seller”) and the customer (hereinafter referred to as “customer”) for transactions in the German Online Store (de.bucherer.com) (hereinafter referred to as “Online Store”), the following General Terms and Conditions shall be applicable in the version that is valid at the time of the respective order (hereinafter referred to as “GTC”).
1.2. When ordering, the customer can use links in the Online Store to call up the GTC, save them onto his/her computer and/or view them. The contract language is English. The seller saves the contents of the contract and send it to the customer in a contract confirmation. It is the customer’s responsibility and it is recommended by the seller to print the GTC (for example, as a screen print or by selecting the website text).
1.3. The offer of products in the Online Store is aimed exclusively at adult consumers, who have their habitual residence within the territory of the Federal Republic of Germany and a delivery address in the Federal Republic of Germany. A consumer within the meaning of this regulation is every natural person, who enters into a contract for a purpose, which is meant for his/her private and/or family and non-commercial needs. Purchase in the Online Store for commercial purposes is prohibited. In particular, the commercial resale and distribution of products ordered via the Online Store shall be prohibited.
1.4. Different contractual conditions, namely even those, which the customer declares as being applicable together with the acceptance of the contract, shall be valid only if and in so far as they have been accepted by the seller explicitly and in written form.
1.5. The seller shall reserve the right to modify these GTC at any time.
2. CUSTOMER SERVICE
In case of any questions, requests or complaints, the customer can contact the seller’s customer service: by post:
3. CONCLUSION OF CONTRACT
3.1. The Online Store shall represent only an invitation to the customer to submit offers to conclude a purchase contract about the products presented.
3.2. A binding order shall be triggered and sent only when the customer has entered all the details that are necessary for the contract execution, has confirmed that he/she has taken note of these General Terms and Conditions and has clicked the “Add to cart” button. Before clicking this button, the customer can first select from the product range of the seller non-bindingly and add these to the shopping cart by clicking the “Add to cart” button. Before submitting the order, the customer can enter and modify his/her personal details and address. In a second step, the customer shall choose the shipping method and the means of payment. In this step, the customer can also check all details of his/her order on the overview page before submitting the order. On this page, the customer shall have the option of modifying the selected items, his/her personal details, the selected shipping method and the selected means of payment again and cancelling the order process if necessary. When the customer clicks the “Add to cart” button, he/she submits the order. The order submission shall be considered as a binding offer by the customer to the seller for the conclusion of a contract.
3.3. After submitting the order, the customer shall receive an automatic order placement confirmation by e-mail, which again reflects the contents of the customer’s order. This automatic order placement confirmation does not yet represent acceptance of the offer but shall only document that the seller has received the order.
3.4. The seller reserves the acceptance of the order. The seller shall save the contract text and shall send the contents of the contract to the customer by e-mail. Registered customers, who have a customer account, can view the details of their orders in their customer account. The seller shall not be obligated to conclude a contract based on an order. An order can be cancelled or rejected, in particular, in case of a breach of these General Terms and Conditions or a corresponding suspicion. Such a case shall exist, e.g., if a customer has not paid for a previous order or if a lack of credit card coverage was determined in case of a previous order. Cancellation of the order and rejection of future orders shall also be possible if the number of returns in case of a customer is noticeably high and is not improved despite appropriate information. In addition, cancellation of orders shall also be permitted if a customer is suspected to be a commercial buyer and the customer cannot invalidate this suspicion. In this context, rejection of future orders shall be possible if it is found out or may be found out in case of a customer that he/she resells the ordered products commercially. The customer shall be informed about cancellations and rejections in each case by e-mail.
3.5. The contract shall come into force only through explicit declaration of acceptance by the seller. The seller shall be entitled, but not obligated, to accept the customer's order within 7 days from its receipt by the seller. The acceptance shall be declared through the fact that the seller sends an order confirmation to the customer by e-mail to the specified e-mail address or sends the order to the customer.
3.6. The aforementioned shall also be applicable if the customer has, due to the selected means of payment, already paid the purchase price or has given payment instructions before the contract conclusion. If the contract does not materialise in this case for any reason whatsoever, the seller shall inform the customer after checking the order and shall refund the advance payment. If the contract materialises at least for a part of the ordered products, the customer shall be informed with the declaration of acceptance, i.e. the e-mail with the invoice and order confirmation. The refund shall be made in this constellation to the extent of the undeliverable products.
3.7. If the order includes several items, the contract shall come into force only for those items, which are explicitly listed in the e-mail with the invoice and order confirmation.
3.8. Maximum 2 units of the same item can be ordered per order of any kind whatsoever.
3.9. A registered customer can see the status of his/her orders in his/her personal customer area.
4. PRICES, SHIPPING AND DELIVERY
4.1. All prices specified in the Online Store are inclusive of the respective, applicable statutory VAT. The seller shall notify the customer about the possibly incurring shipping costs as well as any additional costs, e.g. for an express order, gift wrapping, directly in the order form before submission of the order.
4.2. The seller reserves the right to change the prices for the offered items at any time. The respective price at the time of the order shall be applicable.
4.3. Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer. Delivery takes place only within Germany. The seller shall notify the customer about the delivery period possibly during the ordering process. Unless otherwise indicated, the delivery period in the standard shipping shall be 3 to 4 working days from the e-mail with the invoice and order confirmation. Possibly existing delivery restrictions can be found in the Online Store in the respective product description. More detailed information about the Shipping options, the transport companies used and the delivery process can be found on the information pages of the Online Store.
4.4. After the hand-over of the products to the transport company, the customer shall receive a shipping confirmation from the respective transport company by e-mail, containing a tracking code, using which the customer can track the delivery.
4.5. After receiving the e-mail with the invoice and order confirmation, the customer is obligated to accept the products. Change requests and cancellation orders can no longer be taken into account or shall be considered only at the discretion of the seller and on a voluntary basis. The right of revocation according to no. 6 below remain reserved.
4.6. If a delivery does not reach the customer despite a shipping confirmation from the transport company or if the customer does not receive a message from the transport company within 2 days from the order confirmation, the customer must immediately contact the seller's customer service (refer to no. 2 above).
5.1. The essential features of the product and/or service can be found in the item description and the supplementary information in the Online Store. Pictures of products in advertisements, brochures, in the Online Store, etc. shall be purely illustrative and non-binding. The information provided by the manufacturer (e.g. regarding manufacturer's warranty) shall be exclusively decisive, as long as this is applicable. We shall reserve the right to change the products specified in the Online Store at any time and without prior notice and to limit the number of products that can be purchased by a customer.
5.2. Certain products shown in the Online Store cannot be ordered and purchased directly through the Online Store. This shall be clearly indicated in the relevant product information. For these products, a request form shall be available for the customer in each case in the Online Store.
5.3. If the seller cannot meet a delivery deadline for reasons beyond its area of responsibility (non-availability of the product, e.g. due to force majeure), the seller shall inform the customer immediately, with specification of the new estimated delivery period, if possible. If the new delivery period is unacceptable to the customer or if the product is partially not available or is no longer available at all within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with respect to the relevant product; in this case, any payment already made by the customer for the unavailable product shall be immediately refunded by the seller to the customer.
5.4. The delivery shall take place under the condition of timely and proper self-delivery by the supplier. In the event of force majeure such as strike and other forms of industrial action, riot, war, natural disasters, as well as delivery block of the manufacturer or upstream supplier, delay in delivery shall not be applicable. The seller shall not be liable for delays in delivery caused by manufacturers or third parties. In case of delays in delivery, the seller shall inform the customer immediately.
5.5. The products shall be available while stocks last. In exceptional cases, there may be errors or corrections, particularly if the same product is ordered by several customers at the same time. The seller shall not be liable for the lack of stocks or unavailability of products.
5.6. If not all ordered products are in stock, the seller shall be entitled to make partial deliveries. If it turns out after the conclusion of the contract that products cannot be delivered partially or fully for reasons that are not attributable to the seller, the customer shall be entitled to withdraw from the contract.
6. RIGHT OF REVOCATION
Statutory right of revocation
The buyer shall be authorised to cancel this contract within fourteen days without giving reasons.
The cancellation period shall be fourteen days from the day, on which the buyer or a third party designated by him/her, who is not the carrier, has taken the last product in possession.
In order to exercise the right of revocation, the buyer must inform the seller
about his/her decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this, the customer can use the enclosed sample revocation form, which is however not prescribed.
For adhering to the revocation period, it shall be sufficient if the customer sends the notification about the exercise of the right of revocation before expiry of the cancellation period.
Consequences of the revocation
If the customer cancels this contract, the seller shall repay the customer all payments, which the seller has received from the customer, including the delivery charges (except the additional costs, which arise if the customer has selected a type of delivery different from the reasonable standard delivery offered by the seller), immediately and at the latest within fourteen days from the day, on which the seller receives the notification about the cancellation of this contract by the customer. For this repayment, the seller shall use the same means of payment, which the customer has used for the original transaction, unless otherwise explicitly agreed upon with the customer; the customer shall, in any case, not be charged any fees due to this repayment.
The seller can reject the repayment until it has received the returned products or until the customer has furnished a proof that he/she returned the products, whichever is the earlier.
The customer must return the products to the seller immediately and, in any case, at the latest within fourteen days from the day, on which he/she informs the seller about the cancellation of this contract. The term shall be adhered to if the customer sends the products before expiry of the period of fourteen days.
The seller bears the costs of returning the products if the customer uses the postage-paid return label of the transport company that is enclosed with the delivery. Otherwise, the customer shall bear the direct costs of returning the products for the package.
The customer must compensate for a possible loss in value of the products only if this loss in value is to be attributed to their handling, which is not necessary for checking the condition, properties and functionality of the products.
Exclusion of the right of revocation:
The right of revocation shall not be applicable for products, which are not prefabricated and for whose production an individual selection or determination by the customer is decisive, or which are clearly tailored to the personal needs of the customer. This shall be applicable, for example, in case of individual engravings or changes in the products.
End of the revocation policy
The seller informs about the sample revocation form according to the statutory regulation as below:
Sample revocation form
(If you wish to cancel the contract, please fill in this form and send it back.)
To [here, the customer must enter the name, address and, if necessary, the fax number and
e-mail address of the seller]:
I/We (*) herewith revoke the contract made by me/us (*)
about the purchase of the following products (*)/ the provision of the following service (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for communication on paper)
(*) Strike out if not applicable
7. DUE DATE, RETENTION OF TITLE
Until full payment of the respective invoice amount of a delivery (final and unconditional credit of the total purchase price), the seller reserves ownership of the delivered products in any case.
10.1. In case of assertion of a statutory right of revocation or the return of the products for other reasons, the customer is requested to contact the customer service (refer to no. 2 above). The customer service informs the customer how to proceed. The transport costs incurred for any return shall be borne by us. Products returned by the customer shall again become property of the seller, if the warranty is fulfilled by means of replacement delivery.
10.2. The seller shall be liable for material defects according to the applicable statutory provisions, in particular §§ 434 et. seqq. BGB [German Civil Code]. The seller shall provide warranty by rectifying defects. This shall be done at the seller’s option either through subsequent performance, namely rectification of a defect (repair), or delivery of a defect-free product (replacement delivery).
10.3. If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This shall not be applicable in case of insignificant defects.
10.4. The seller shall not be obligated to provide warranty if the customer or a third party does not follow the operating or maintenance instructions for the products, makes changes, replaces parts or uses consumables that do not correspond to the original specifications, without prior consent of the seller. The same shall be applicable for defects resulting from improper use, storage and handling of the products, external interventions as well as the opening of products. A warranty for normal wear and tear, for consumables, for accessories and for attached batteries/rechargeable batteries shall be excluded.
10.5. Guarantees in the legal sense shall not be provided to the customer. Manufacturer's guarantees shall of course remain unaffected by this. The seller shall assume no liability for the descriptions from third parties, in particular other customers within the framework of the Online Store or customer reviews published on our social media presences.
11. TRANSPORT DAMAGE
If products are delivered with apparent transport damage, the customer must report such errors immediately to the transport company and immediately contact the seller. The failure to lodge a complaint or to contact shall not have any consequences for the legal claims and their enforcement, particularly for the warranty rights. However, the customer helps the seller assert its own claims against the carrier or transport insurance.
12.1. Claims of the customer for compensation shall be excluded. This shall not be applicable for the customer’s claims for compensation from an injury to life, limb or health or from a violation of essential contractual obligations as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those, whose fulfilment is necessary for achieving the objective of the contract.
12.2. In case of a violation of substantial contractual obligations, the seller shall be liable only for the typical contractual, foreseeable damage, if it was caused through slight negligence, unless this concerns the customer’s claims for compensation from an injury to life, limb or health.
12.3. The limitations stated in no. 12.1 and 12.2 shall also apply in favour of the legal representatives and vicarious agents of the seller, if claims are asserted directly against them.
12.4. The liability limitations resulting from 12.1 and 12.2 shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same shall be applicable if the seller and the customer have made an agreement about the quality of the item. The provisions of the product liability law shall remain unaffected.
13. DATA PROTECTION
The collection and processing of personal data about the customer by the seller is explained in the Privacy Statement. The Privacy Statement is available under Data Protection Regulations.
4. BATTERY ACT
In connection with the sale of batteries or rechargeable batteries or with the delivery of devices -especially watches- containing batteries, the seller is obligated to indicate the following to end consumers in accordance with the Battery Act:
Batteries may not be disposed of with household waste. As end consumer, the buyer shall be legally obligated to return used batteries. After use, he/she can return the waste batteries, which the seller includes or has included in the product range as new batteries, free of cost at a municipal collection point or in trade on site. The buyer can also return batteries free of cost at our branches or to the following address:
Bucherer Deutschland GmbH
Cd = battery contains more than 0.002 percent by mass of cadmium
Hg = battery contains more than 0.0005 percent by mass of mercury
15. APPLICABLE LAW AND LEGAL DOMICILE
The Swiss Law shall be applicable exclusively. Vis-à-vis consumers, this choice of law shall be applicable only insofar as the consumer is not deprived of the protection granted to him/her by the mandatory consumer protection provisions of the state, in which he/she has his/her habitual residence. Application of the UN Convention on Contracts for the International Sale of Goods shall be excluded. For disputes arising from or in connection with these General Terms and Conditions, the competent court in Lucerne/Switzerland shall have exclusive jurisdiction.
16. EUROPEAN ONLINE DISPUTE SETTLEMENT PLATFORM
The European Commission has developed an online platform for consumers to provide the possibility of an out-of-court settlement within the scope of online purchase or service contracts within the digital domestic market and provides this platform under http://ec.europa.eu/consumers/odr/. The seller has however not obligated itself to participate in this voluntary dispute settlement, so that this can currently not be used for customers in any disputes.
(Last Upated: 28th April 2019)