General Terms and Conditions
General Terms and Conditions
Supplier identification according to Section 5 of the German Teleservices Act (TMG):
beComm Onlinevertrieb e.K.
78112 St. Georgen im Schwarzwald
Phone: +49 (0) 7724 5899 801
Fax: +49 (0) 7724 5899 823
Operators of the online shops for original Black Forest Cuckoo clocks:
VAT identification no: DE205814079
§ 1 Basic provisions
(1) The following terms and conditions shall apply to all contracts between beComm Onlinevertrieb, Benjamin Haas, Westendstrasse 1, 78112 St. Georgen, Germany (hereinafter referred to as the “supplier”) and the customer, via the supplier’s online shops www.deine-kuckucksuhr.de and www.your-cuckoo-clock.com. Unless agreed otherwise, the application of the customer’s own terms and conditions will be rejected.
(2) Costumer as stated in the following rules may be any natural person who enters into a transaction for a purpose that can not be attributed to their commercial or self-employed occupation. Entrepreneur is any natural or legal person or partnership with legal capacity which execute their own professional or commercial activity when concluding a legal transaction.
(3) The contract language is English. The full text of the contract will not be saved by the supplier. Before sending the online order, the contract data can be printed out or electronically saved. After ordering the order, the order data, the legally prescribed information for remote sales contracts and the general terms and conditions will be sent to the customer again by e-mail.
§ 2 Subject matter of the contract
Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found on the article’s page in the online shop.
§ 3 Conditions of the contract
(1) The supplier’s product presentations in the online shop are non-binding offer and not binding for the conclusion of a contract.
(2) The customer can submit a binding purchase offer (order) in the online shop. In this case, the goods intended for purchase are stored in the “shopping cart”. The customer may view the “shopping cart” and make changes via the corresponding button in the header area. After entering the page “to the checkout” and the entry of the personal data as well as the payment and shipping conditions, all order data are shown again for review.
If the Customer chooses the PayPal system, he will be forwarded to the payment provider’s website. After successful registration, the address and account data registered with PayPal are displayed to the customer. Via the button “continue”, the customer is directed back to the supplier’s online shop to the order overview page. Before sending the order, the customer has the possibility to check, change (also via the function “back” of the internet browser) or cancel the purchase, by sending the order via the “buy” button a binding offer from the supplier.
If the “Amazon Payments” payment method is selected, payment processing takes place via Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxemburg (hereinafter referred to as “Amazon”), under the Amazon Payments Europe Usage Agreement: https://payments.amazon.de/help/201751590. If the customer selects as part of the online ordering process the method of payment via “Amazon Payments”, he also issues a payment order to Amazon by clicking the button closing the order process. In this case, the supplier already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking on the button closing the order process.
The customer first receives an automatic e-mail confirming the receipt of his order, which does not lead to the conclusion of a contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) is made either by confirmation in text form (e-mail), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods. If the customer has not received an order confirmation or notification of the delivery or receives no goods within 5 days, he is no longer bound to his order. In that case, the payments already rendered are immediately refunded.
(4) Customer’s requests to the supplier to purchase goods other than via the online shop, e.g. by phone, e-mail or fax, are not binding for the customer. The supplier submits to the Customer a binding offer in text form (for example via e-mail), which the Customer can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract happens in part automated by e-mail. The customer must therefore ensure that the e-mail address he has deposited with the supplier is correct, the receiving of e-mails is technically ensured and in particular is not prevented by spam filters.
§ 4 Prices, shipping charges
(1) The prices quoted in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.
If the delivery is to non-EU countries, additional duties, taxes or charges may be payable by the customer, yet not to the supplier, but to the customs or tax authorities in the country. The customer is advised to inquire with the customs or tax authorities about the details before placing an order.
(2) The shipping costs are not included in the purchase price. They can be viewed on the “Shipping and payment terms” page, are indicated separately in the course of the ordering process and are to be borne by the customer in addition, unless free delivery is permitted.
(3) The customer receives an invoice incl. VAT.
§ 5 Shipping and payment terms
(1) The conditions for shipping and payment conditions may be found under the button of the same name in the navigation.
(2) Unless specified otherwise in the individual forms of payment, the payment claims arising from the concluded contract are due for immediate payment.
(3) If a product ordered by the customer is not available for reasons which are not justified by the supplier, the customer will be immediately informed on the non-availability and, in the case of withdrawal, any payments already made will be reimbursed without delay.
(4) It is legally regulated for consumers that the risk of accidental loss and the accidental deterioration of the goods being sold is not passed until the goods are handed over to the customer, irrespective of whether the consignment is insured or uninsured.
§ 6 Right of retention, reservation of title
(1) The customer can only exercise a right of retention insofar and as it concerns claims from the same contractual relationship.
(2) The goods remain property of the supplier until full payment of the purchase price has happened.
§ 7 Warranty
(1) The statutory provisions apply.
(2) As a consumer, the customer is asked to check the goods immediately for completeness, obvious defects and transport damage and to notify complaints to the supplier and the freight forwarder as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
§ 8 Liability
(1) The supplier shall be liable in full for damage resulting from injury to life, body or health, in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the condition of the purchased item, The Product Liability Act and in all other legally regulated cases.
(2) Insofar as essential contractual obligations are concerned, the liability of the supplier in case of slight negligence is limited to the contractual, foreseeable damage. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the attainment of the purpose of the contract as well as obligations which the contract imposes upon the provider according to its content to achieve the purpose of the contract and to which the customer may regularly rely.
(3) In case of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(4) According to the current state of the art, data communication via internet can not be guaranteed without errors and/or at any time. The supplier is not responsible for the continuous or uninterrupted availability of the website and the offered services.
§ 9 Choice of law, place of fulfillment, court of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favourability principle).
(2) The place of fulfillment for all services arising from the business relationships and the place of jurisdiction with the supplier is the seat of the supplier, insofar as the customer is not a consumer but a merchant, a legal person of public law or a public special fund. The same applies if the customer does not have a general court of jurisdiction in Germany or the EU, or if the place of residence or habitual residence is not known at the time the action is brought. The right to bring the case to another legal court remains unaffected.
(3) The provisions of the UN purchase law are expressively not applicable.
§10 Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
St. Georgen, in April 2017