General Terms and Conditions

 

§ 1 Scope of Application

(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a “Customer”) through our online shop www.charlemain.com (the “Online Shop”) shall be governed by these general terms and conditions of sale (the “General Terms and Conditions”). Differing terms and conditions of the customer are not recognized by Charlemain unless Charlemain has agreed to them expressly in writing. These business terms and conditions and the complete legal relationship between the contractual partners shall be exclusively subject to the law of the federal republic of Germany excluding the international uniform law, especially the UN Sales Conventions.

(2) For the purposes of these terms and conditions, “consumer” means any natural person who concludes a legal transaction for purposes that can not be attributed primarily to their commercial or independent professional activity. “Entrepreneur” means a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership with the capacity to acquire rights and liabilities.

 

§ 2 Conclusion of Contract

(1) The following provisions regarding the conclusion of the contract apply to orders via our online shop at https://charlemain.com.

(2) Our product presentations on the Internet are not binding and no binding offer to conclude a contract.

(3) The following rules apply to the receipt of an order in our online shop: The customer makes a binding contract offer by successfully passing through the order procedure provided for in our online shop. The order is made in the following steps:

  1. Selection of the desired product,
  2. adding the products by clicking on the corresponding button (for example, “Add to cart”, “To shopping bag” or similar),
  3. checking the details in the shopping cart,
  4. calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to pay”, “To order overview” or similar),
  5. input/verification of address and contact details, choice of payment method and confirmation of the terms and conditions,
  6. completion of the order by pressing the button “buy now”. This represents your binding order.
  7. The contract is concluded by us sending you an order confirmation within three working days to the specified e-mail address.

(4) If the contract is concluded, the contract with Charlemain GmbH, Honigmannstr. 9, 52146 Wuerselen, Germany comes about.

(5) Before ordering, the contract data can be printed or electronically saved via the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data and these terms and conditions, takes place by e-mail after the order has been triggered by you, partly automated. We do not save the contract after conclusion of contract.

(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (for example »back button« of the browser). You can also correct this by canceling the order process early, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

 

§ 3 Right of Revocation

(1) You have the right to revoke from this contract within fourteen days without giving any reason.

(2) The period of revocation is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

(3) In order to exercise your right of revocation, you must contact us (Charlemain GmbH, Honigmannstr 9, 52146 Wuerselen, Germany, phone: 024054624922, e-mail: [email protected]) by means of a clear statement (e.g. mailed letter, e-mail) about your decision to withdraw from this contract. You can use the attached revocation form, which is not required.

(4) To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the revocation

If you revoke this contract, we have to immediately – and at the latest within 14 days from the day on which we received the announcement of your revocation of this contract – refund all payments we received from you, including the costs of delivery, except the additional costs that were incurred if you chose a different type of delivery than the cheapest standard delivery type offered by us. For the refund we will use the same method of payment that you used for the original transaction (unless we explicitly agreed something else with you); in no case will we charge any fees for this refund.

We may withhold a refund until we have received the returned goods or until you have shown proof that you have sent back the goods, depending on which occurs first.

You have to immediately (and in any case at the latest within 14 days from the day on which you informed us of the revocation of this contract) send back the goods or deliver them to us. The deadline is met if you send off the goods before the end of the revocation period of 14 days. The immediate return shipping costs have to be borne by you. You are only liable for any potential loss of value of the goods if this loss of value can be attributed to any non-essential handling of the goods for the testing of the quality, properties and functionality by you.

 

Revocation Form

(If you want to revoke the contract, please fill out this form and send it to us.)

– To

Charlemain GmbH

Honigmannstr. 9

52146 Wuerselen

Germany

Phone: +49 2405 4624922

E-Mail: [email protected]

 

– 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 the consumer (s)

– address of the consumer (s)

– Signature of the consumer (s) (only when sent on paper)

– date

___________
(*) Cross out as appropriate.

 

§ 4 Delivery

(1) Unless otherwise agreed, the delivery shall be made from the warehouse of Charlemain GmbH to the delivery address specified by the customer.

(2) We generally assume that delivery of the goods to addresses within the Federal Republic of Germany takes about 3 to 5 working days from the conclusion of the contract, unless otherwise agreed or resulting from the description in our online shop. We point out that all information on the shipment or delivery of a product is merely an estimate and approximate guide values. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date for the shipping options of the respective product.

(3) Should we at Charlemain, without fault on our part, not be able to deliver your ordered items, because our shipping provider does not fulfill his contractual obligations not only in the short term, we are entitled to rescind the contract with you. In this case, the purchaser will be informed immediately that the ordered product is not available. In this case, the customer will be informed immediately and any payments already made or any other consideration will be refunded by Charlemain GmbH immediately.

(4) The other legal claims of the customer remain unaffected.

 

§ 4a Wrong Delivery

(1) If it is a wrongly arranged delivery or faulty goods, the costs of the return are taken over by Charlemain GmbH. In this case, please inform us of the order number and the reason for the return.

 

§ 5 Prices, Payment, Due Date

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we explicitly offer the purchase on invoice. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for immediate payment.

(3) In addition to the prices quoted, shipping costs may apply for the delivery of products, unless the respective article is shown as free delivery. The shipping costs are clearly communicated to you on the offers, in the shopping cart system and on the order summary.

(4) All products offered are, unless clearly stated otherwise in the product description, ready to ship (delivery time: 3-5 working days after receipt of payment).

 

§ 6 Reservation of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain the property of Charlemain GmbH until the full payment of the purchase price.

 

§ 7 Warranty

(1) Charlemain GmbH grants a warranty of 24 months from the conclusion of the contract on our products. This is in addition to the legal warranty claims.

(2) Within the warranty period, we will correct all defects of the watch free of charge, as far as they are based on material and manufacturing defects.

(3) The warranty does not cover:

– damage caused by inattention or improper use;

– damage caused by unauthorized repairs or changes by third parties;

– Damage caused by fire, water (watches are waterresistant to 5 ATM) or a natural disaster, for example earthquakes;

– aesthetic changes caused by the normal wearing and aging of the watch (e.g., small scratches on the watch case and/or the glass, changes in the color of the watch straps, scratches and softening of the leather straps, and dissolution of the cladding);

– Battery replacement.

(4) The watch case, dial, pointer, watch band or other parts may be replaced with spare parts if the originals are no longer available.

(5) The warranty is voided by any technical manipulation (in particular opening of the watch or repair attempts) through you or any other person who is not expressly authorized by us. The warranty period is not extended by the use of the guarantee.

(6) If your Charlemain watch is faulty, please submit your invoice as a receipt in the complaint.

 

§ 8 Liability for Defects

(1) Unless otherwise specified, our liability for compensation is independent of the kind of breach of obligation and including unlawful acts limited to intentional or grossly negligent acts.

(2) In the case of the violation of key contractual violations, we shall be liable for any negligence, but only up to the amount of the foreseeable damage.

(3) All limitations or exclusions to liability will not refer to claims resulting from fraudulent behavior.Furthermore, they shall not apply to liability for guaranteed characteristics and for claims according to the product liability law, as well as not to claims for injury to life, physical injury or damage to health. Furthermore, they shall not apply to liability for guaranteed characteristics and for claims according to the product liability law, as well as not to claims for injury to life, physical injury or damage to health.

(4) In the event that our liability should be excluded or limited, this also applies to our employees, workers, representative or performing and vicarious agents.

(5) Should Customer avail himself of his claim to supplementary performance, we will only fulfill by replacement delivery.

 

§ 8a Online Dispute Resolution

(1) The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We are not obliged to participate in an arbitration procedure and unfortunately cannot offer to participate in such a procedure.

 

§ 9 Product Description

(1) Due to different hardware and software, the illustrations may show slight deviations from the original colors. Please note the written description.

 

§ 10 Contract Language

(1) The contract language is German and English only.

 

§ 11 Other Provisions

(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).

(2) The provisions of the UN Sales Convention explicitly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.

(4) Legally relevant declarations and advertisements which you have to submit to us after the conclusion of the contract (e.g., deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing in order to be valid.

(5) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should a gap arise, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally effective substitute provision, which shall take into account or be as close as possible to the intentions of the parties as stated in the contract and the General Terms and Conditions, the economic purpose and purpose of the canceled provision.