Terms & Conditions

General Terms and Conditions

General Terms and Conditions of Guinand GmbH, Hausener Weg 61, 60489 Frankfurt am Main, Germany Legal form: GmbH, headquarters: Frankfurt am Main, Commercial Register Court: AG Frankfurt am Main HRB 101278, sales tax ID number: DE298667107, Managing Director: Ernst-August Matthias Klüh, www.guinand-uhren.de, Tel: +49 (0)69 780099, Fax: +49 (0)69 78800447

Version: 11.09.2017

 

1 General remarks, scope of the General Terms and Conditions

1.1 All deliveries and services are performed exclusively based on the subsequent General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order. The contractual partner is Guinand GmbH (hereinafter referred to as “seller” or “we”). Customers as defined by these GTC may be both consumers and businesspeople (hereinafter referred to as “customer”). Consumers as defined by these business conditions are natural people who conclude contracts for a purpose that is attributable to neither commercial nor business activities. Businesspeople as defined by these business conditions are natural or juristic people or general partnerships with legal capacity who upon conclusion of contract are doing business with the seller as part of the execution of their commercial or self-employed professional activity.

1.2 If the customer is a businessperson, our GTC exclusively apply. In this event, deviating GTC of the contractual partner shall not be recognised by us unless we have consented to their validity in writing. Our GTC also apply if we perform the delivery to the contractual partner without reservation whilst being aware of their deviating GTC. Our GTC also apply to all future business relationships with businesspeople even if they are not expressly mentioned again in agreements.

 

2. Order

The order or the commission is performed in writing (by mail, fax or email). However, a personal order or commission may also be issued at the stated business hours in the business premises of Guinand GmbH in Frankfurt am Main, Germany. Your order represents an offer to us to conclude a purchase contract. Our quotations and item presentations do not represent a binding offer. Only your order is a binding offer pursuant to § 145 German Civil Code (BGB) that we can accept. The contract is concluded by the sending of our order confirmation or the product.

When ordering in our online shop, you can take a closer look at products by clicking the product image and put them in the shopping basket by clicking the link “In the shopping basket”. You can view the contents of the shopping basket at any time by clicking the link “Shopping basket”. You can remove products from the shopping basket or change your order by clicking the link “Remove item” or “Edit”.

If you want to purchase the products in your shopping basket, click the button [Go to checkout] on the “Shopping basket” page. During the rest of the order process, enter your order and delivery data and select the desired payment method. In the final step, under “Order summary” you shall receive an overview of your order data and can check all entries and delete or change them under “Edit items” or “Correct”. To complete the purchase you must click the button [Buy]. This sends the order to us.

If we cannot deliver an ordered item or an order cannot be fulfilled, Guinand GmbH is entitled to withdraw from the contractual duty to perform the delivery or service. The buyer shall be notified of this. Offers from us are subject to change. The contractual partner is Guinand GmbH, Frankfurt am Main, Germany.

If you want to commission us with a revision, repair, retrofitting or upgrading of your Guinand timepiece, you can do this in person at our premises in Frankfurt, Germany. If you would like to send us your Guinand timepiece, complete our order form on the Internet at http://www.guinand-uhren.de/Service and print this out. Send us the signed order form together with your Guinand timepiece. On receipt of your Guinand timepiece, you shall receive a receipt confirmation from us. After checking this, we will send you a cost estimate. You can confirm or reject this by email, fax, letter or phone. Our receipt of your cost approval constitutes a binding service contract. You shall receive an order confirmation. On expiry of the statutory revocation deadline, the timepiece shall be forwarded to our workshop where the service order will begin. However, you can also state on the order form that we should begin with the service prior to expiry of the statutory revocation deadline.

 

3. Prices and dispatch costs

The stated prices for new timepieces include carriage-free delivery within Germany, as well as statutory sales tax. For delivery to German islands we charge a transport surcharge. Our delivery is performed with a supplier of our choice.

Insofar as there are more than six months between conclusion of contract and agreed and/or actual delivery date, the seller prices valid at the time of the delivery or provision apply; if the latter prices exceed the initially agreed prices by more than 10 percent, the buyer is entitled to withdraw from the contract.

For foreign customers the following payment conditions apply: In addition to the stated prices, the buyer shall be charged a dispatch flat rate for dispatch and transport to the buyer’s recipient country. For deliveries within the European Union (EU) German sales tax shall be charged. Sales to buyers outside the European Union (third countries) are exempt from sales tax. For deliveries outside the EU customs and fees shall be charged. We reserve the right to make technical changes, as well as deviations from images and details in our catalogue and on our website www.Guinand-Uhren.de. Our printed catalogue information/pricelist is subject to changes, errors and omissions excepted.

 

4. Delivery conditions

We perform deliveries worldwide, except countries with embargo provisions.

Insofar as nothing else is stated in the order confirmation, deliveries to businesspeople shall be performed ex warehouse. The dispatch is always performed at the risk of the customer, even with delivery from a venue other than the place of fulfilment, carriage-free dispatch and/or forwarding by your own people or vehicles.

 

5. Payment conditions

Payment is made either by pre-payment by an advance bank transfer, by Paypal, by credit card (American Express, Visa, Mastercard) or for services pursuant to these GTC by invoice. We reserve the right to exclude individual methods of payment.

Foreign deliveries are exclusively performed subject to pre-payment plus the dispatch flat rate.

When you select the payment method pre-payment, we shall provide you with our bank account details in the order confirmation. When you pay by PayPal, you shall receive a separate payment request by email.

If you pay in person in our sales room, we not only accept cash payments, but also payments by EC card or credit card, but no cheques.

You are only entitled to offset a claim against the amount due if your counter-claims have been declared legally valid or are undisputed or acknowledged by us. Further, you are only entitled to practice right of retention if and insofar as your counter-claim is based on the same contractual relationship.

If you are a consumer, when you fall into arrears, 5 percent interest above the base interest rate shall be charged on the purchase price throughout the period of arrears. If you are not a consumer, the interest rate during the period of arrears is 8 percent above the base interest rate. We reserve the right to furnish proof and assert a claim for higher damages due to arrears. If you are in arrears, we are entitled to charge reminder fees of EUR 10.00 per reminder and, insofar as these are incurred, to charge litigation fees. We reserve the right to make different payment arrangements in individual cases.

 

6. Retention of title

For consumers we reserve the right to retain the title of the purchased item until complete payment of the invoice amount. If you are a businessperson practising your commercial or self-employed professional occupation, a juristic person under public law or a special fund under public law, we reserve the right to retain the title of the purchased item until settlement of all outstanding debts from the business relationship with the buyer. The corresponding security interests may be assigned to third parties.

 

7. Warranty

If you are a consumer and your order is for a purpose that is attributable to neither your commercial nor your professional activity, the warranty is furnished based on the statutory provisions.

7.1 If you place your order with us as a businessperson, the following applies:

7.1.1 Delivered products must be inspected by the customer immediately after delivery insofar as this is feasible with proper business processes. If a defect becomes apparent, we must be notified of this without delay. If the customer fails to notify us, the product is regarded as approved, unless it concerns a defect that was not recognisable on inspection. If such a defect becomes apparent later on, we must be notified as soon as this is discovered. Otherwise, the product is regarded as approved in spite of this defect. § 377 German Commercial Code (HGB) remains unaffected. The customer is not relieved of their inspection duty even in the event of recourse of the businessperson pursuant to § 478 German Civil Code (BGB). In such cases, if they fail to provide immediate notification of the defect asserted by their buyer, the product is regarded as approved in spite of this defect.

7.1.2 Insofar as there is a defect, taking into account the type of defect and the legitimate interests of the customer, we are entitled to define the type of remedy. With these contracts a remedy is regarded as failed after the third unsuccessful attempt. These figures do not apply in the event of recourse pursuant to § 478 German Civil Code (BGB).

7.1.3 In the event of remedy of defects we are only obliged to bear the necessary expenses, in particular transport, travel, work and material costs, if these are not increased by the fact that these were performed at a venue other than the customer’s headquarters or business premises where the product was delivered. These figures do not apply in the event of recourse pursuant to § 478 German Civil Code (BGB).

7.1.4 Customer’s claims for defects, including claims for damages, expire after one year. This does not apply in the event of recourse pursuant to § 478 German Civil Code (BGB). Further, this does not apply in the events described in §§ 438 Sec. 1 No. 2 German Civil Code (BGB), as well as in § 634a Sec. 1 No. 2 German Civil Code (BGB). Further, this does not apply to damages arising from injury to life, limb or health, gross negligence or an intentional duty violation by us or one of our vicarious agents.

7.1.5 The warranty period for used items is six months.

 

8. Compensation/Reimbursement of expenses

If you are a consumer and your order is for a purpose that is attributable to neither your commercial nor your professional activity, we are liable for damages based on the statutory provisions.

If you place your order with us as a businessperson, in the event of our contractual liability for claims for damages the following applies pursuant to Figure 7.1 to 7.1.5:

Insofar as the claims are due to an intentional duty violation by us, our representatives or our vicarious agents, we shall accept liability for damages pursuant to the statutory provisions. If the claims are based on a duty violation due to gross negligence of us, our representatives or vicarious agents, liability is limited to foreseeable, typically occurring damages.

Insofar as we or our representatives or vicarious agents have committed culpable violation of a duty, the performance of which is integral to the proper fulfilment of the contract, the violation of which hinders the fulfilment of the purpose of the contract and the performance of which the customer can generally rely on - and under no circumstances is the liability part of the statutory provisions - liability is limited to foreseeable, typically occurring damages.

Insofar as there are no contrary agreements in Figures 7.1.1 and 7.1.2, we shall not accept liability for compensation. The same applies insofar as recourse action is taken against us as a supplier pursuant to § 478 German Civil Code (BGB).

The liability exclusions and limitations in Figure 7.1 also apply to other claims, particularly tort claims or claims for reimbursement of wasted expenses instead of the service.

The liability exclusions and limitations in Figure 7.1 do not apply to any existing claims pursuant to §§ 1, 4 German Product Liability Act or to culpable injury to life, limb or health. They also do not apply insofar as we have furnished a guarantee for the condition of our product or successful performance or a procurement risk, and a guarantee claim has been submitted or the procurement risk has been realised.

We shall only accept liability for a procurement risk if we have expressly stated this in writing.

Insofar as the liability limitation pursuant to Figure 7.1 does not cover manufacturer liability claims pursuant to § 823 German Civil Code (BGB), our liability is limited to insurance compensation claims.

Insofar as this does not (fully) occur, we are obliged to pay up to the amount of liability coverage. These figures do not apply to culpable injury to life, limb or health. Insofar as our liability is excluded or limited, this also applies to the personal liability of our (salaried) employees, freelancers, representatives and vicarious agents.

The above provisions do not include a reversal of the burden of proof.

 

9. Guarantees

Insofar as we have furnished guarantees, we shall honour these for new products and services pursuant to the subsequent guarantee conditions:

We guarantee to every customer who buys a new timepiece from us that this shall be free from material and manufacturing defects (guarantee of durability). The customer shall receive a guarantee certificate with the purchase of a timepiece. The guarantee term is two years from the purchase of the timepiece, insofar as no other guarantee term is stated in the item description and on the receipt.

In addition, we furnish a guarantee of durability for all services performed by us (in particular repair work). The guarantee for services exclusively covers the work performed and the exchanged parts. The guarantee term for services is one year from notification of the provision or return of the timepiece to the customer.

The customer must inform us as soon as they discover the potential guarantee claim in order to prevent subsequent damages. We shall inspect the timepiece sent by the customer on receipt. If this is a legitimate guarantee claim, we shall repair the timepiece without additional expense to the customer. If a repair is unsuccessful after two attempts, in claims for new products, at our discretion, we shall deliver to the customer a new timepiece or a comparable model.

If the customer would like to submit a guarantee claim, they must send us the timepiece with the purchase receipt (bill) or guarantee certificate with a detailed description of the damage. In the event of a guarantee claim we shall bear the costs for sending in and returning the product, as well as the transport risk insofar as the transport is performed by the transport company prescribed by us. Otherwise, the customer shall bear the costs for sending in and returning the product, as well as the transport risk. Costs incurred for customs, import fees and other fees that are charged when returning the timepiece to the recipient country shall be borne by the recipient.

The guarantee for new products and services does not extend to defects that are caused by incorrect treatment, e.g. opened watch, repair by third parties, damages due to impacts or drops or the usual wear and tear of the timepiece or the strap. Further, we exclude a guarantee for water resistance (for timepieces designated as water resistant) from 24 months after the purchase date, as well as repair services as part of the guarantee and the statutory warranty, as well as goodwill repair services.

The guarantee for services excludes timepieces the function of which can no longer be fully restored.

The statutory warranty rights of the customer are not affected by this guarantee.

 

10. Right of revocation

The following right of revocation only exists for consumers in distance sales of products.

You may revoke your contractual declaration in writing (e.g. letter, fax, email) within 14 days without stating any reasons or – if you do this prior to expiry of the term – by returning the product. The term begins on receipt of this notification in writing, but not before you or a third party appointed by you, who is not the shipping agent, take ownership of the product, and for a return delivery of the same type of product not before receipt of the first part-delivery and not before fulfilment of our information duties.

In the event of an effective return, the performances received by both parties and, if applicable, emoluments taken are to be returned. In the event of deterioration of the product, the seller may demand compensation for the lost value of the product.

Timely dispatch of the revocation or product suffices in order to meet the revocation deadline. The revocation must be addressed to:

Guinand GmbH
Hausener Weg 61
60489 Frankfurt am Main, Germany
Fax: 069/78800447
eMail: vertrieb@Guinand-Uhren.de 

Note: if the consumer receives a confirmation of their revocation declaration to the company, please also send this by email to the aforementioned address.

Some products are specially manufactured for the customer with the requested special features/special design. These are new products that have been or will only be configured once in this way by a customer (unique items). NOTE: Consequently, for these products there is no right of revocation of the customer (consumer) pursuant to the Distance Sales Act of the German Civil Code.

The following right of revocation only exists for consumers in distance sales for services (revision, repair, retrofitting or upgrading, etc.)

You can revoke your contractual declaration in writing (e.g. letter, fax, email) within 14 days without stating any reasons.

Timely dispatch of the revocation or product suffices in order to meet the revocation deadline. The revocation must be addressed to:

Guinand GmbH
Hausener Weg 61
60489 Frankfurt am Main, Germany
Fax: 069/78800447
eMail: vertrieb@Guinand-Uhren.de

Note: if the consumer receives a confirmation of their revocation declaration to the company, please also send this by email to the aforementioned address.

Revocation consequences in distance sales for the purchase of products
In the event of an effective revocation, the performances received by both parties and, if applicable, emoluments taken (e.g. interest) are to be returned. If you are only able to return the received performance in part or only in a deteriorated condition, you must compensate us for the lost value of the product. For the assignment of objects, this does not apply if the deterioration of the object is exclusively due to its inspection – in a way that you could have inspected it in the store. Moreover, you can avoid the duty to pay compensation for the lost value as a result of deterioration caused by improper use of the object by not using the object like your property and avoiding everything that might impair its value. You are obliged to send back the product or return it in person without delay and, in any event, no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the product before expiry of the term of 14 days. You shall pay the direct costs to return the product.

Obligations to reimburse the payments that we received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery deviating from the cheapest standard delivery we offer) must be fulfilled without delay, and no later than 14 days from the day on which we receive the notification of the revocation of this contract. For this reimbursement we shall use the same payment method that you used for the original transaction unless we agreed something different with you. We can refuse to make a reimbursement until we have received the product again or you have proven that you have sent back the product, depending on which occurs first.

10.1 Inspection of the product by the customer/Seal

As a guarantee of authenticity, original products (timepieces) from Guinand are exclusively sold with a stamped guarantee certificate. If the timepiece is not directly picked up from Guinand, but sent to the customer, a seal is attached to the timepiece strap. This seal signifies that the timepiece was delivered directly by Guinand.

Do not remove the seal until you are certain you no longer want to assert your Right of revocation pursuant to Point 9 of the General Terms and Conditions of Guinand GmbH. The right of revocation of the customer (consumer) pursuant to the Remote Sales Act of the German Civil Code (BGB) is designed to give the customer the opportunity to inspect the product, as they could have done in a store transaction. It is not necessary to remove the seal to do this.

Revocation consequences for services (revision, repair, retrofitting or upgrading, etc.)

Obligations to reimburse the payments that we received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery deviating from the cheapest standard delivery we offer) must be fulfilled without delay, and no later than 14 days from the day on which we receive the notification of the revocation of this contract. For this reimbursement we shall use the same payment method that you used for the original transaction unless we agreed something different with you. We can refuse to make a reimbursement until we have received the product again or you have proven that you have sent back the product, depending on which occurs first.

If you demanded that the services must commence during the revocation period, you must pay us an appropriate amount that corresponds to the proportion of the services that have already been performed by the time you informed us of you exercising your right of revocation of this contract compared to the total services prescribed in the contract.

The right of revocation expires with a contract for provision of services if the businessperson has completely provided the service and has not begun providing the service until the consumer has given their express consent and has simultaneously confirmed their acknowledgement that they shall lose their right of revocation upon complete fulfilment of the contract by the businessperson.

Sample revocation form for consumers

(if you want to revoke the contract, please complete this form and send it back to us.)

To
Guinand GmbH
Hausener Weg 61
60489 Frankfurt am Main, Germany
Fax: 069/78800447
email: vertrieb@Guinand-Uhren.de

I/we (*) hereby revoke the contract concluded by me/us (*) on the purchase of the following products (*)/the provision of the following services (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only with paper notification)

Date (*)

Please strike through whatever does not apply.

 

11. Repairs

We are sending a cost estimate and will not begin with the repair until we have received the customer’s consent. We charge €20 incl. statutory sales tax plus dispatch costs for the production of the cost estimate. This amount shall be credited to the total bill if the order is confirmed.

 

12. Applicable law and legal venue

The contractual relationship, including in foreign cases, is subject to German law excluding the United Nations Convention on Contracts for the International Sale of Goods. For customers who concluded the contract for a purpose that is attributable to neither commercial nor professional activity (consumers), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has their habitual abode.

For all disputes arising from the contractual relationship, if the orderer is a businessperson, a juristic person under public law or a special fund under public law, the legal venue is our company headquarters in Frankfurt am Main, Germany.

 

13. Data protection

The storage and processing of customer data is performed in observance of the German Data Protection Act (BDSG) and the German Tele Services Data Protection Act (TDDSG). The necessary customer data shall be - stored. Data shall only be passed on to our business partners if this is necessary for the fulfilment of the contract.

 

14. Copyrights

We generally reject copyright claims of third parties based on proposals and suggestions unless an agreement has expressly been made to the contrary.

 

15. Contract language

The contract language is German.

 

16. Ineffective clauses

Should one or more provisions of these General Terms and Conditions be ineffective, this does not result in the inefficacy of the overall contract. The ineffective provision shall be replaced by the relevant statutory provision.