General terms and conditions of the company “Leumas Watches”, owner Z. Samuel
Table of contents
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability for Damages
10. Governing Law
12. Our Data
1.1 These general terms and conditions (hereinafter “GTC”) of Leumas watches (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer (hereinafter “customer”) has with the seller with regard to the seller’s online Shop completes the goods shown. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone.
2.3 The seller can accept the customer’s offer within five days,- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or – by delivering the ordered goods to the customer, in which case the receipt of the goods is decisive for the customer, or – by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us
Zulmira Maria da Silva Moreira Samuel
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
3.2 Consequences of revocation In the event of an effective return, the services received by both parties must be returned and any benefits (e.g. benefits of use) surrendered. In case of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection – as you would have been able to do in a retail shop. You can also avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from anything that could impair its value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. The refund will be made in the same way that the goods were paid for.
End of revocation.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
Zulmira Maria da Silva Moreira Samuel
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
4) Prices and terms of payment.
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Consumers have the option of paying in advance, cash on delivery, direct debit, PayPal, credit card (Visa, Master Card, American Express)
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 Unless we have clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch. The delivery takes place within 5 working days at the latest. In the case of payment in advance, the period for delivery begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If there is a defect in the purchased item, the statutory provisions apply in principle. This means that the customer can primarily demand subsequent performance, i.e. subsequent delivery or defect elimination, at his choice. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods, the requirements specified in 8) of these general terms and conditions apply – in addition to the statutory requirements.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Liability for Damages
If the seller is liable for damages, the following exclusions and additions to liability apply:
8.1 The seller is liable if he is guilty of intent or gross negligence. The seller is only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely (so-called cardinal obligation). Furthermore, liability for damages for damages of all kinds, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
8.2 If the seller is liable for simple negligence in accordance with paragraph 1, his liability is limited to the damage that he typically had to expect based on the circumstances known at the time the contract was concluded.
8.3 The above exclusions and limitations of liability do not apply if the seller has assumed a guarantee for the quality of the goods, nor for damage that is to be compensated under the Product Liability Act, nor for damage to life, limb or health.
8.4 The above exclusions and additions to liability also apply in favor of his employees, vicarious agents and other third parties he uses to fulfill the contract.
9.1 The seller stores the customer data necessary for the transaction. When processing the customer’s personal data, we observe the statutory provisions. Further details can be found in the data protection declaration that can be called up in our online offer.
9.2 The customer’s personal data is only collected if and to the extent that the customer voluntarily provides such data when using the online shop. This data is only processed and passed on to third parties if this is necessary for the execution of the contractual relationship with the customer. The data will therefore be passed on to the shipping company responsible for the delivery and – if necessary – to the bank responsible for processing the payment. The data will not be passed on to third parties beyond this.
9.3 The customer has the right to free information about his stored personal data as well as a right to correction, blocking and deletion of this data at any time. Questions about the collection, processing or use of personal customer data, about information, corrections, blocking or deletion of data as well as the revocation of granted consent can be sent to our address given in § 12 of these general terms and conditions.
10) Governing Law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
12) Our Data
Provider identification, address for summons Our address for complaints and other declarations of intent as well as our address for summons is:
Zulmira Maria da Silva Moreira Samuel