General Terms and Conditions of Service (GTCS)
Article 1 Scope of validity
1.1 These General Terms and Conditions of Service (hereinafter also referred to as "GTCS") of Bucherer Deutschland GmbH (hereinafter referred to as "Bucherer") apply to all services performed by Bucherer or subcontractors commissioned by Bucherer on goods delivered or sent to Bucherer for this purpose.
1.2. These terms of service can also be found at www.bucherer.com/serviceconditions.
Article 2 Delivery of goods
2.1 It is possible both to physically hand over the goods in a Bucherer sales shop and to send the goods to such a shop by post.
2.2 After delivery of the goods to a Bucherer sales outlet, the customer receives a collection card confirming receipt of the goods. This collection card serves as proof of identity and must be presented upon collection. If the goods are sent, the customer will receive an acknowledgement of receipt at the contact indicated by him. Bucherer reserves the right not to accept goods sent from abroad but not correctly imported into the country under customs law.
Article 3 Order budget & written cost estimate
3.1 If it is possible for Bucherer to determine the required service and its price immediately upon delivery of the goods, the order budget (upper price limit) is agreed directly with the customer and recorded on the collection card. Despite all care taken in accepting the goods by Bucherer, it cannot be ruled out that individual defects or necessary work may not be detected before the goods have been thoroughly inspected by Bucherer. It is therefore possible that the cost of the service may be higher than estimated in the order budget. In this case, Bucherer will provide the customer with a cost estimate in accordance with Article 3.2.
3.2 If it is not possible for Bucherer to determine the price of the service when the customer delivers the goods in accordance with Article 3.1, or if the goods have been sent to Bucherer by post, Bucherer shall provide the customer with a written cost estimate within a reasonable time.
3.3 The cost estimate is valid for 2 months from the date of issue; the customer gives Bucherer the final order by signing and returning the cost estimate to Bucherer or by depositing it in a sales outlet. Rejected cost estimates are generally subject to a charge. The customer will be informed of the expected fee before obtaining the cost estimate.
3.4 If, during the provision of the services, Bucherer determines that a correction to the estimate is necessary or that additional work not included in the original written estimate must be carried out in order to ensure the functionality of the services, Bucherer shall promptly submit an additional estimate to the customer. The same provisions as for the initial cost estimate shall apply to this cost estimate with the exception of the provision in Clause 3.3, Sentence 2. Service work shall be suspended until written approval of the additional or updated cost estimate by the customer. In addition, Bucherer shall inform the customer if planned service work cannot be carried out or cannot be carried out as agreed for reasons not attributable to Bucherer. In the event of rejection of the new cost estimate or in the event that the planned service work cannot be carried out or cannot be carried out as agreed, the service will be discontinued and only the costs for services already performed will be invoiced (without additional costs for the updated written cost estimate).
Article 4 Non-acceptance/Rejection cost estimate
Article 5 Processing/Repair period
Article 6 Components used
Article 7 Return of goods
7.1 Bucherer informs the customer of the completion of the service. If the goods were physically delivered in a sales outlet, they are handed over by Bucherer (in the same country in which the goods were delivered) upon presentation of the collection card in a sales outlet. If the collection card cannot be presented, it will only be returned after a valid identification document has been presented. Bucherer may also hand over the goods to a third party upon presentation of the collection card but reserves the right to determine the entitlement in any case. At the written request of the customer, the goods can be sent to the address provided by the customer at the time of delivery (only within Germany) within a reasonable period of time against payment of a shipping fee, also using a secure mode of shipment. Changes of address of the customer after delivery of the goods will only be accepted after formal identification of the customer. If the goods were sent to Bucherer from abroad, no collection on site is possible. The goods will be sent to the address indicated by the customer at the time of delivery within a reasonable period using a secure mode of dispatch. Shipping is at the expense and risk of the customer. When the goods are dispatched to the customer in accordance with this Article 7, the risk shall pass to the customer as soon as the delivery is handed over by Bucherer to a carefully selected freight company. Bucherer disclaims any liability for damage and/or loss of the goods due to an error in the address provided by the customer.
7.2 Bucherer does not assume any customs, VAT or other legal obligations of the customer and is not liable for the consequences of any legal infringements by the customer. The customer shall indemnify Bucherer and its employees or agents against any claims by third parties arising from alleged or actual breaches of law in connection with the dispatch of goods by the customer to Bucherer or the return of goods by Bucherer to the customer within the meaning of this Article 7. The customer undertakes to reimburse Bucherer for any and all costs (including attorneys' fees) incurred by Bucherer as a result of third party claims.
Article 8 Acceptance
8.1 The customer must collect the goods within two weeks of notification that the goods are ready for collection in the sales outlet. Similarly, the customer is obliged to accept Bucherer's services.
8.2 Acceptance takes place when the processed goods are accepted by the customer without complaint.
8.3 If there is a non-essential defect, the customer cannot refuse acceptance. The rights in case of defects are regulated in detail in Article 12 and Article 13. If the goods are not collected within six months of the request for collection, the provisions of Article 11 shall apply.
Article 9 Price of the service, invoicing and payment
Article 10 Right of lien
Article 11 Storage and utilisation possibility in the event of non-collection
11.1 If the goods are not picked up by the customer within the period specified in Section 8.1, the provisions on default of acceptance shall apply, in particular the facilitation of liability pursuant to § 644 Para. 2 BGB (German Civil Code).
11.2 If the goods are not collected within six months of notification of completion, Bucherer shall be entitled to use the goods in accordance with the statutory provisions to settle its claims based on the services provided.
Article 12 Warranty
12.1 As an independent warranty declaration, Bucherer guarantees the perfect functioning of all revisions and restorations of watches in accordance with manufacturer tolerances from the service date for a period of two years. The customer receives a corresponding warranty card upon receipt of the watch.
12.2 Excluded from this warranty are defects or damages which have arisen for the following reasons:
- due to unsuitable or improper use of the goods (impact, shock, fragmentation, etc.), external intervention, neglected maintenance, insofar as this was recommended by the manufacturer (in particular leakage checks), faulty or negligent handling or the use of components other than those recommended by Bucherer;
- loss, theft or fire;
- intentional damage, tampering, negligence or accident and/or improper repair or alteration of the goods by the customer or third parties.
12.3 If the waterproofness of a watch is not guaranteed at the time of return, the customer will be expressly informed. In this constellation, waterproofness is excluded from the warranty under Article
12.1. In general, waterproofness is not a permanent feature that Bucherer can guarantee, as the built-in sealing elements may deteriorate in their function and daily use. A regular check of the waterproofness according to the manufacturer's recommendation is therefore strongly recommended to the customer.
12.4 The customer grants Bucherer a reasonable period of grace to remedy defects subject to warranty. Bucherer may decide how to remedy defects covered by the warranty; in addition, the rules in Article 13.2 et seq. shall apply analogously.
Article 13 Bucherer’s liability
13.1 Bucherer's liability shall be limited to damages caused intentionally or by gross negligence on the part of Bucherer, its organs, executives or vicarious agents. Liability for other forms of negligence is excluded, unless the damage was caused by Bucherer as a result of
- injury to life, body or health,
- defects fraudulently concealed by Bucherer, or if Bucherer has assumed a warranty for the quality of the item, or
- the violation of essential contractual obligations. In the event of a slightly negligent breach of material contractual obligations, the supplier's liability shall, however, be limited to the amount of the reasonably foreseeable damage typical for this type of contract. Essential contractual obligations are obligations the fulfilment of which is essential for the proper performance of a contract and on the observance of which the customer regularly relies.
13.2 Bucherer shall not be liable for cases of force majeure, such as war, natural disasters, strikes, lockouts, export and import bans, if the performance of the service owed is delayed or rendered impossible as a result of such circumstances.
Article 14 Forgeries and stolen goods
14.1 If, during the examination of the product in the context of the preparation of the cost estimate, it is found that all parts or certain components of the product are forgeries (total or partial forgery), the product concerned shall not be serviced. The customer acknowledges that, with regard to goods sent to the manufacturer for processing, the manufacturer may, in compliance with applicable law, remove forged parts before returning the goods or render all trademarks or distinctive features unrecognisable. Moreover, Bucherer cannot rule out the possibility that a manufacturer may make a report to an authority in the event of forgeries.
14.2 If it is found that goods delivered for processing have been reported stolen or otherwise unlawfully acquired, Bucherer or the third party appointed by Bucherer reserves the right to report this to the appropriate authorities and to hand the goods over to the authorities to identify the lawful owner, if the authorities so request.
14.3 Once Bucherer has handed over a forgery as described in this article to the supplier or the authorities, there is no longer any responsibility for the goods and Bucherer is no longer obliged to provide the customer with any further information.
Article 15 Applicable law
Article 16 Final provisions
16.1 These GTCS are available in different languages (GR/EN/FR). In the event of contradictions between the individual versions, the German version shall apply exclusively.
16.2 Bucherer reserves the right to amend these GTCS at any time.
16.3 Additional agreements, supplements and amendments to the contract must be made in writing in order to be effective.
16.4 Should any provision of these terms of service be or become invalid, incomplete or unenforceable, the validity of the remaining provisions shall not be affected thereby. The ineffective or incomplete provision shall be replaced by an admissible and effective provision whose effect comes closest to the original intention and economic purpose of the ineffective provision. The same procedure shall apply if the contract proves to be incomplete.
Version: October 2019