GENERAL TERMS AND CONDITIONs ONLINE STORE Austria
1. AREA OF APPLICATION AND CONTRACTING PARTNERS
1.1. For the contracts between Anton Haban Gesellschaft mbH, a company belonging to the Bucherer Group, Kärntner Straße 2, 1010 Wien, Austria, ATU no. 14968604, Company Register no. 95729d, (hereinafter referred to as “seller”) and the customer (hereinafter referred to as “customer”) for transactions in the Austrian Online Store (www.bucherer.com/at/en) (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”). Unless explicitly governed otherwise, these GTC also apply to the purchase of watches from the Certified Pre-Owned range (hereinafter "CPO" or "CPO Watches") as well as to the processing of orders and conclusion of contracts via the enquiry form in distance sales.
2. CUSTOMER SERVICE
In case of any questions, requests or complaints, the customer can contact the seller’s customer service:
Anton Haban Gesellschaft mbH, Online Service
A company belonging to the Bucherer Group
Kärntner Straße 2
3. CONCLUSION OF CONTRACT
ABOUT THE ONLINE STORE
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.
VIA THE ENQUIRY FORM
3.10. The customer may request selected items that are not available via the Online Store via the enquiry form. By sending his message to the seller, he agrees to these General Terms and Conditions via a box to be ticked. If the desired products are available in a store, the Customer may also place his binding order directly by e-mail. In this case, the customer has the choice between delivery to his postal address or collection of the goods in the store (Click & Collect) and is bound to his offer for seven days
3.11. After placing his order, the customer receives an order confirmation by e-mail pursuant to section 3.3. The seller can accept or reject the order at his own discretion. If he accepts it, this can be done directly by distance selling or by concluding a purchase contract in a store in accordance with section 3.4. ff. If the seller rejects the customer's offer, the seller will immediately refund any advance payment to the customer using the same means of payment
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 any incurred 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.
4.6. 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 section 2 above).
4.7 As an alternative to delivery of the order to the customer's address in accordance with clause 4.3 et seqq, the customer can also choose to collect the goods from one of the seller's business premises during the ordering process ("Click & Collect"). As soon as the ordered items have been delivered, the seller shall arrange a collection date with the customer. The customer must present the order confirmation and a valid identity card at the time of collection. If the customer does not appear on the agreed date, the seller will contact the customer to arrange a new collection date. If the customer does not attend this appointment either, the seller is entitled to send the items to the customer if the customer has provided a postal address, or to withdraw from the contract after a corresponding request for collection by e-mail, setting a grace period of seven working days. In the latter case, any payments made by the customer will be refunded.
5. PRESENTATION OF THE PRODUCT, DELIVERY PERIOD, AVAILABILITY
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. Illustrations of CPO watches are individual and correspond to the effectively available watch.
6. RIGHT OF REVOCATION
When concluding a distance selling deal, consumers basically have a statutory right of revocation, about which the seller informs below in accordance with the legal pattern.
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
Anton Haban Gesellschaft mbH
A company belonging to the Bucherer Group
Kärntner Straße 2
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 itself.
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 (*)
regarding the purchase of the following products (*)/ the provision of the following service (*)
Ordered on (*) / received on (*):
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
The purchase price shall be due upon conclusion of the contract.
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.
8. PAYMENT TERMS
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. The restrictions in section 12.1 shall also apply in favour of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
12.3. The liability limitations resulting from section 12.1 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. CPO watches may show signs of use and wear (e.g. scratches, not waterproof). Insofar as these are documented and disclosed by Bucherer, these signs of use and wear do not constitute defects.
13. 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 charge at our branches or to Anton Haban Gesellschaft mbH, a company belonging to the Bucherer Group, Kärntner Straße 2, A-1010 Wien.
Our upstream supplier has met its notification requirement and registered the placing onto the market of the batteries in the relevant import country. Batteries or rechargeable batteries that contain hazardous substances have been marked with the symbol of a crossed dustbin. This means that the batteries or rechargeable batteries may not be disposed of in the household waste. Besides the dustbin symbol, there is also the chemical name of the hazardous substance. The other provided symbols have the following meaning:
- Pb = battery contains more than 0.004 percent by mass of lead
- Cd = battery contains more than 0.002 percent by mass of cadmium
- Hg = battery contains more than 0.0005 percent by mass of mercury
14. APPLICABLE LAW AND LEGAL DOMICILE
All contracts concluded shall be governed by Austrian law to the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as the mandatory provisions of the law of the state in which he/she has his/her habitual residence are not superseded. The customer may choose to file a suit at his/her respective place of residence, at the place of damage or at the registered office of Anton Haban Gesellschaft mbH.
15. 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.
Alternative dispute settlement in consumer matters (Consumer Dispute Resolution Act – VSBG): The seller does not participate in dispute settlement proceedings before a consumer arbitration board.