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Miquel Schmuck & Uhren GmbH
Managing director: Frank Miquel
Hauptstraße 42
96358 Teuschnitz
Germany
Commercial register: Amtsgericht Coburg
Registration number: HRB 3607
Telephone: [+49]-(0) 92 68 / 91 38 64
Mobile: [+49]-(0)1 70 / 1 96 10 01
Fax : [+49]-(0) 92 68 / 9 13 93 56
E-mail: info@uhren-miquel.de
Sales tax identification number according to § 27a of the German VAT Act: DE 813576557
This General Terms and Conditions of Purchase (T&Cs) are available in german and english language.
I. Conclusion of contract concerning www.uhren-miquel.de:
(1) The presentation of products in the online shop www.uhren-miquel.de are not binding offers made by the Supplier, but rather serve as a basis for a Purchaser's offer to buy.
(2) With the sending of the order, the Purchaser makes a binding offer on the products ordered at the named prices. After the order has been made, the Purchaser receives an email, which will confirm the receipt of the order. This confirmation email will also include the T&Cs – which contain obligatory information for the Purchaser – as well as the Supplier's cancellation policy in written form. We request the Purchaser to print out the T&Cs and the cancellation policy and to save the documents. This email is only a confirmation that the Purchaser's order has been received and does not at that point represent an acceptance of the Purchaser's offer by the Supplier.
(3) The offer made by the Purchaser will be accepted by the Supplier through the sending of a sales confirmation within 7 working days after the Purchaser has sent in the order. Insofar as the Purchaser does not receive a sales confirmation from the Supplier within this designated amount of time, the offer of the Purchaser is considered to have been rejected and the contract will not be made. The sales confirmation email will contain the AGB – which also contains obligatory information for the Purchaser – as well as the Supplier's cancellation policy in written form.
(4) If the products in the online shop offer the buyer the option of paying in instalments (purchase agreement with instalments), the agreement shall be entered into in accordance with § 2 V of these General Terms and Conditions.
II. Conclusion of contract concerning www.chrono24.com:
(1) The presentation of products in the online portal www.chrono24.com are not binding offers made by the Supplier, but are intended only to give information to the Purchaser.
(2) In sending a message from the Purchaser to the Supplier, the Supplier does not submit a binding offer. This only represents a request from the Purchaser to the Supplier to obtain a binding offer from the Supplier.
(3) The Supplier will send the Purchaser a binding offer by email. This offer will also include the Supplier's T&Cs which contain obligatory information for the Purchaser-- as well as the Supplier's cancellation policy in written form. We would ask the Purchaser to print out and save the T&Cs and the cancellation policy for future reference.
(4) The contract of sale shall take place by means of the Purchaser’s acceptance and by payment of the price specified in the offer.
III. Conclusion of contract concerning www.trustedwatch.de:
(1) The presentation of products in the online portal www.trustedwatch.de are not binding offers made by the Supplier, but are intended only to give information to the Purchaser.
(2) In sending a message from the Purchaser to the Supplier, the Supplier does not submit a binding offer. This only represents a request from the Purchaser to the Supplier to obtain a binding offer from the Supplier.
(3) The Supplier will send the Purchaser a binding offer by email. This offer will also include the Supplier's T&Cs which contain obligatory information for the Purchaser-- as well as the Supplier's cancellation policy in written form. We would ask the Purchaser to print out and save the T&Cs and the cancellation policy for future reference.
(4) The contract of sale shall take place by means of the Purchaser’s acceptance and by payment of the price specified in the offer.
IV. Purchase agreement with instalments:
If the seller offers the option of a purchase agreement with instalments, the purchase agreement shall be entered into as follows:
(1) By sending the request for a purchase agreement with instalments the buyer does not make a binding offer for conclude a purchase agreement. On receipt of the order and request for a purchase agreement with instalments, the buyer is sent an instalment agreement from the seller by e-mail.
(2) By completing and return the instalment agreement to the seller, the buyer submits a binding offer for a purchase agreement with instalments for the items ordered.
(3) The purchase agreement with instalments shall take effect on written confirmation by the seller. If the seller declines the instalment agreement, no purchase agreement shall be entered into. If the buyer does not receive confirmation from the seller within 14 days, the buyer’s offer for a purchase agreement with instalments shall be deemed to have been declined and an agreement shall not be entered into.
(4) Reference is made here to § 5 of these General Terms and Conditions (Reservation of title).
The text of the contract will be stored on the Supplier’s internal systems. The order data and the T&Cs will be sent upon delivery of the goods to the Purchaser in writing. After the conclusion of the order, the written contract shall no longer available to the Purchaser through the internet for security reasons.
(1) Insofar as not otherwise agreed prior to the closing of the purchase contract, the delivery of the goods takes place in essence by shipment of same goods to the address specified by the Purchaser within Germany or to the countries that can be selected during the ordering process. Delivery to countries other than these is not possible.
(2) The period of delivery within Germany is 1 – 2 working days after receipt of payment.
(3) The period of delivery in the other countries selectable during the order process is 1 – 5 working days following receipt of payment.
(4) Periods of delivery for custom-made products will be arranged separately with the Purchaser.
(5) Due to circumstances beyond the Supplier's control, such as e.g. acts of God, interruption of operations, etc., there may be a delay in the delivery of the goods. The Supplier will promptly inform the purchaser of any such delay. The Purchaser's rights remain unaffected, in particular, the Purchaser is entitled to withdraw from the contract after allowing a reasonable grace period.
(6) If, for reasons beyond the Supplier's control, the delivery proves to be impossible, then the claim to delivery is excluded. In case of unfeasibility of service the Supplier agrees to promptly inform the Purchaser of non-performance and reimburse any payments already made.
(7) Delivery will only be made upon payment of the packaging and shipping costs specified in the offer.
(8) We would like to advise that, irrespective of any goods in transit insurance, the Supplier carries the risk of destruction or damage to the goods in transport, insofar as the Purchaser is a consumer in the sense of § 13 of the BGB.
(9) If the Purchaser is an entrepreneur in the sense of § 14 of the BGB, the risk of accidental destruction or damage to goods in transit is transferred, in releasing same goods to a carefully selected shipping company, to the Purchaser. This also applies when performance is delivered in instalments.
(10) The Supplier has free choice of the transport company.
(11) With orders for several items, only one delivery will be made. Partial delivery, unless otherwise agreed, is in principle not possible. At the Purchaser's request, partial deliveries may be made. The extra packaging and shipping costs arising from this are, in this case, borne by the Purchaser.
The ordered goods, until payment is made in full, remain the property of the Supplier. Before transfer of ownership, the pledging, transfer as security, processing, or restructuring the goods without express consent from the Supplier is not permitted.
(1) The payment of the purchase price takes place by the paying options available during the ordering process. Where payment is made on delivery, the Purchaser must pay any 'payment on delivery' charges detailed in the order. Insofar as it has not otherwise been agreed upon, invoices made by advance payment must be paid within 7 days of concluding the contract.
(2) Payment in instalments requires prior agreement/arrangement with the Supplier.
(3) In case of defaulting with payment, the Supplier is entitled to withdraw from the contract after the expiry of a reasonable grace period.
(1) The price stated in the relevant offers includes the statutory value-added-tax as well as other price components plus the separately shown shipping costs and, if applicable, the separately shown fees when paying with a credit card or paying through PayPal. If the sold article is subject to the margin scheme (taxation of second-hand goods), the sales price is considered to be inclusive of the value-added-tax due by the Seller in terms of Section 25 a UStG [Umsatzsteuergesetz = Turnover Tax Law] and plus the separately shown shipping cost as well as, if applicable, the separately shown fees when paying with a credit card or paying through PayPal. The value-added-tax does not have to be shown for the margin scheme.
(2) The separately shown shipping costs apply to deliveries within Germany and to those other countries which can be selected when ordering the goods. Prior to declaring his willingness to enter into a contract, the Buyer is clearly notified of the shipping costs as well as any possible separately shown fees for payments by credit card or payments through PayPal.
We would like to point out that deliveries to countries outside the European Union (third-party countries) could incur additional customs duties and/or taxes once the purchased goods reach the third-party country. These additional customs duties and/or taxes are for account of the Buyer. The Seller has no influence on these fees and, as customs regulations vary considerable from country to country, is also not able to not pre-determine their amount. We therefore recommend that the Buyer contacts the responsible customs office in the third-party country to obtain information on possible customs fees and/or local taxes.
(1) The guarantee for new and unworn items shall be 24 months from delivery of the goods to the buyer. The guarantee for used items shall be one year from delivery to the buyer. Claims to compensation shall be expressly excluded herefrom and shall be subject to § 12 of these General Terms and Conditions.
(2) Furthermore, any claims made by the buyer against the seller relating to defects shall be governed by the statutory regulations currently in force.
(1) If the Purchaser is a consumer, we ask that, in case of goods with visible damage to packaging or content, complaints be made to the shipping/cargo company, or that the delivery be refused. In addition, we ask the Purchaser to contact us immediately in such cases by e-mail, fax or post.
(2) On discovering hidden damages we likewise ask the Purchaser to contact us promptly.
(3) Reduction of statutory warranty claims and period of limitation is not connected with the aforementioned regulation.
(4) If the Purchaser is an entrepreneur in the sense of § 14 of the BGB, he must inspect the goods for transport damages immediately upon receipt of shipment. The Supplier is to be notified in writing immediately of any detected transport damages. The Purchaser must require the transport company to confirm in writing any damage to packaging upon receipt of the goods. If such damage is revealed at a later date, notification must be made immediately after discovery.
(1) In the event that you should purchase our goods for a purpose which cannot be ascribed to either your commercial or your independent professional activity, the following provisions shall apply to you as a consumer in terms of law (Section 13 German Civil Code):
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Beginning of Cancellation Policy
Right to cancel
You may withdraw from your contract declaration within 14 days in writing (e.g. by letter, fax, e-mail) without giving a reason or - if the goods have been delivered during the cancellation period - by returning the goods. The cancellation period begins after receipt of this caution in writing, however, not before the recipient has actually received the goods (in the event of repeated deliveries of the same goods not before the receipt of the first part delivery) and also not before the fulfilment of our information obligations according to Art. 246 Section 2 in conjunction with Section 1 and 2 EGBGB [Einführungsgesetz zum Bürgerlichen Gesetzbuch = Introduction law to the German Civil Code] as well as our obligations according to Section 312g Para 1 sentence 1 BGB [Bürgerliches Gesetzbuch = German Civil Code] in conjunction with Art. 246 Section 3 EGBGB. The timely dispatch of the cancellation or the return of the goods is sufficient to comply with the cancellation period:
Miquel Schmuck & Uhren GmbH
Hauptstraße 42
96358 Teuschnitz
Germany
Fax : 09268 / 9139356
E-mail: info@uhren-miquel.de
Consequences of cancellation
In the event of an effective cancellation, the services received by either party shall be returned and, if necessary, any benefits received (e.g. interest) are to be surrendered. Should you find yourself unable to return or reimburse us for the services received or the benefits (e.g. rights of use) granted in whole or in part, or should the return and delivery of the latter not be possible or should their state have deteriorated, then you are obliged to compensate their value. The deterioration of the item in question or the benefits granted trigger an obligation to compensate their value, but only insofar as the advantage or the benefit granted can be attributed to a handling of the item which goes beyond the ascertainment of their characteristics and functionalities. A testing and trial of the respective goods falls under "the ascertainment of their characteristics and functionalities" just as if the latter would take place in a grocery where such testings and trials would be deemed normal. Items which may be shipped by way of parcel must be returned to us; whereby we shall bear the risk. Where the items delivered correspond with your order and if the price of the item to be returned does not exceed €40, - or if, in the event that the price does exceed aforementioned price, you do not yet have given consideration or do not have performed your contractual duties in part at the moment in time in which the cancellation is submitted, you shall bear the costs of shipping when returning said items. In all other cases, the return shall be free of charge. Items which are not suitable for shipping shall be picked up from a place designated by you. Any obligations for a reimbursement of payments must be complied with within 30 days. Aforementioned period of time shall commence at the moment in time of the forwarding of your cancellation or the shipping of the item, as far as you are concerned; as far as we are concerned, the period of time shall commence with the receipt.
End of Cancellation Policy
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(2) Should you take advantage of your right to cancel, you bear the regular costs of return shipping if the price of delivered goods is the same as those ordered, and if the price of the returned product does not exceed the amount of 40 euros or if you have not delivered the service or contractually agreed upon service for a higher price of the product at the time of cancellation. In all other cases, return shipping is free.
(3) Please send the goods as an insured package. We will, if you wish, reimburse you for the postal charges, to the extent that these are not payable by you.
(4) Please telephone us on +49 (0)9268 / 913864 in order to notify us of the return delivery. In this way you will enable us to allocate the product as fast as possible.
(5) Please note that the arrangements in (3) and (4) are not binding, and they do not affect the valid exercising of the right of revocation.
(1) In all cases of contractual and non-contractual liability the Supplier shall render compensation for damages exclusively subject to the following limitations:
a) wilful intent or gross negligence, or non-existence of the condition of the product which the contractor has guaranteed;
b) in other cases: only arising from the violation of a fundamental contractual obligation, however only to the value of the foreseeable damage. Fundamental contractual obligations are obligations whose fulfilment is essential in the proper execution of the order and whose fulfilment the contractual partner may ordinarily rely on.
(2) the limitations of liability according to item (1) do not apply in case of liability for personal damage or in liability in accordance with the Product Liability Act.
(1) All personal data required for executing the order, that is, name, address, e-mail address, if applicable, fax and telephone numbers, will be stored and processed by us in compliance with the relevant legal regulations. We require these data for deliveries and for billing. These data help us to process and execute your order and to keep you updated about it.
(2) We will not give out personal data of the Purchaser to third parties without express consent, revocable at any time, by the Purchaser. An exception to this are our service partners who need these data for processing orders (e.g. the companies charged with deliveries). Even in such cases the amount of data passed on is limited to data that is necessary.
(3) The Purchaser has the right to request, at no cost, disclosure, correction, blocking, and deletion, with respect to the stored data. Please send us any such request by e-mail, post, or fax. The contact data can be found in the section Supplier Identification.
(4) Once the order has been fully processed and the purchase price fully paid, your data, following procedures required by regulations of tax and commercial law, will be duly deleted.
(1) All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany with the exception of conflict of laws. The UN Convention on Contracts for the International Sale Of Goods is not applicable.
(2) For disputes arising from or in connection with delivery of goods and/or these T&Cs, the courts of Coburg have exclusive jurisdiction, insofar as the Purchaser is a trader or if the Purchaser is a legal entity under public law, or in case of special public assets, or if the Purchaser has no permanent place residence in Germany, or if the Purchaser has moved his domicile or habitual residence abroad after the effective date of these Terms, or if the domicile or habitual residence of the Purchaser is unknown at the time of the commencement of proceedings.
Our summonable address is:
Miquel Schmuck & Uhren GmbH
represented by managing director: Frank Miquel
Hauptstraße 42
96358 Teuschnitz
Current version of the T&Cs: 01.02.2013
As an end user, you are legally obliged to return batteries for recycling.
You can return these after use in our sales outlet, at any collecting point, or also in a shop in your area without any costs.
You can also return batteries to us by post for free.
Batteries containing contaminants are marked with a symbol comprising a crossed out waste container and the chemical symbol (Cd, Hg or Pb) for the heavy metal contaminant. This symbol means that batteries must not be disposed of as ordinary household waste.
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