General Termns & Conditions of Use

Online Shop General Terms and Conditions
Version 2.4, date: 28.6.2014

Provider identification according to Section 5 of the German Teleservices Act (TMG):

Weisser GmbH – Haus der 1000 Uhren
Legally represented by the Manager, Thomas Weisser
Hauptstraße 81, 78098 Triberg, Germany
Tel.: +49 (0) 7722-96 30 0, Fax: +49 (0) 7722-96 30 21
Email: info@mybirdy.de
Web: www.mybirdy.de

Registry of commerce: District Court, Freiburg, HRB 601024
VAT identification no: DE812580941

NOTE: Internet prices do not apply to shop sales and may deviate from these.

1. Field of application, contractual partner
(1) All contracts and deliveries of Weisser GmbH (hereinafter: “we”) with or to clients (entrepreneurs or consumers) through the online shop (“hausder100uhren.com” or “100uhren.com“) are governed by the following General Terms and Conditions of Trade and Deliveries. Divergent or conflicting conditions of the purchaser shall only be binding if and insofar as recognised by us.
(2) The purchasing contract comes into existence between the client and the above mentioned Weisser GmbH. Our business hours are: Monday to Friday from 9.00 to 17.00. For any inquiries or complaints, we can be reached during business hours at + 49 (0) 7722-96 30 0 or by email at office@1000Uhren.com.
(3) The language of the contract is German.

2. Conclusion, text and content of the contract
(1) The following paragraphs are intended to describe the technical steps leading to the conclusion of a contract. When you click on “Add to Basket“, you place the selected articles in the shopping cart .You may then select additional articles or go directly to the shopping cart by clicking the “Basket” link (at the upper right on each “Shop” page, next to the shopping bag symbol). You may then correct your data by clicking on the corresponding buttons, or you may continue with your purchase or proceed to checkout. In the next step, you may either log in using your existing registration data, or you may register as a new customer or continue as a “guest“. After entering your data, you must select the shipping and payment methods. A final overview of your input and order data will then be displayed. You may make changes by clicking on the pencil symbol. The purchasing process is completed when you click on “Submit binding order”.
(2) Legally, the contract comes into effect as follows: the client, in sending the completed order form over the internet, makes a binding offer to conclude the purchase contract. The client is then immediately sent a confirmation email regarding the order. This confirmation of receipt does not yet represent acceptance of the client’s offer. A binding contract only comes into effect when and if we declare our acceptance within two working days of receipt of the order, or send the product to the client within this period. If we do not accept the offer, the client will be informed immediately.(3) The text of the contract is stored on our internal systems. The General Terms and Conditions are available for consultation on this page at all times. The order data and General Terms and Conditions will be sent to you by email. For security reasons, your order data will no longer be available over the internet following completion of the order.

3. Delivery
(1) Deliveries are made both within Germany as well as in the countries available for selection in the order menu. To this end, the client, in “Step 1“ of the order, will be asked to indicate the country in which delivery is to be made. All deliveries are made by shippers selected by ourselves with all due consideration (DHL, forwarding agencies etc.).
(2) Delivery dates and periods are only binding if expressly confirmed by us. If a delivery period has been agreed with the client but delivery cannot be made within that period, the client will be notified immediately in writing (Section 126 b of the German Civil Code (BGB)). In this case, the client shall be entitled to exercise his/her statutory rights. In particular, the client will be entitled to withdraw from the contract if and to the extent that we are responsible for the delay in delivery. There will be no right of withdrawal if the delay in delivery is due to force majeure or other circumstances beyond our control. Such events include, in particular, natural disasters, strikes or government orders, as well as disruption of business not covered by normal business risk.
(3) Partial deliveries are only permissible if and insofar as reasonable for the client. In the event of partial delivery, packing and shipment costs will only be charged once.

4. Prices
(1) The prices of our merchandise are basically calculated in euros, including VAT at the applicable German rate (currently 19%). In the order menu, the client may also request the display of a calculation in other currencies, for example USD, for information purposes. For contracts with clients indicating a US address during the order process, the prices will be displayed in US dollars.
(2) The prices are calculated based on shipment from our main office (Triberg), not including charges for packing and shipment. If goods are to be shipped to a location outside of Triberg, the client will incur additional costs.
(3) In case of delivery to non-EU member states, the VAT included in the indicated price will be deducted. If VAT is applicable in the recipient state, this will be paid by the client, in addition to the price, according to that country’s statutory provisions. The same applies to import duties, if any.
(4) If the client desires a delivery in the USA, import duty at the applicable rate of 6% will also be invoiced. If the client selects the USA during “Step 1” of the order process, the customs duty will be automatically included in the purchase price. The shipping firms will forward the customs duty to the US customs authorities.

5. Payment conditions
(1) At the choice of the client, payment may be made by credit card, prepayment, PayPal, Amazon Payment or via www.sofortüberweisung.de.
(2) We are entitled to engage the services of financial service providers (banks, credit card organisations etc.) to process the payments. In this case, the payment shall be considered completed when the sum owed by the client is received by the financial service provider in such a way that the service provider has unrestricted disposal of the money.
(3) If the payment method selected by the client is not feasible for us or for the service provider, especially because of insufficient funds in the client’s account or due to the provision of incorrect data by the client, the client will be required to reimburse us for any additional costs incurred.

6. Retention of title
(1) The merchandise remains our property pending payment in full of all sums arising out of our legal relationship with the client. Said retention of title shall lapse upon full payment for the goods.
(2) The client will not be entitled to dispose of the goods subject to retention of title during the retention of title. The client will be required to handle the goods subject to retention of title with all due care pending transfer of ownership.

7. Warranty
(1) All our merchandise is covered by legal warranty rights. The statutory provisions shall apply in the absence of any derogation set forth below.
(2) The client shall examine the merchandise immediately after receipt for visible defects, reporting any visible defects to us within one month of inspection.
(3) No defect in the legal sense shall be deemed to be present if caused by the client himself. This applies in particular to improper handling, or handling not in accordance with the instruction manual, as well as to glass damage not attributable to our firm, damage caused by flat batteries or by dropping the clock. The client shall have no claim under the warranty in the event of defect if the merchandise has been repaired elsewhere without our consent. The costs of repairs agreed to by us will be reimbursed to the client following receipt of proof of repair and proof of cost.
(4) Clients from the USA or Canada are, in the event of a defect, asked to report the matter, not to our main office in Germany, but rather, to the Authorized US Repair Service Station, House of 1000 Clocks, Bruning’s, 1481 North Fairfield Road, Beavercreek, OH 45432, toll free 1-800-479-3254, between 9:00 and 17.00 Eastern Standard Time. This will facilitate processing your case. The Service Station will inform you of the appropriate course of action. This request is not binding, and does not limit your legal warranty rights.

8. Liability
(1) We are liable for intent and gross negligence. We are also liable for the negligent violation of obligations whose fulfilment are essential to the proper execution of the contract and the violation of which jeopardises attainment of the contractual objective and upon whose fulfilment the client relies as a matter of course (the so-called “major” or “cardinal” contractual obligations). We will not, however, be held liable for ordinary negligence in the violation of other obligations.
(2) The above mentioned exclusions of liability do not apply to death, physical injury or harm to health, without prejudice to the terms of the German Product Liability Law (ProdHaftG).

9. Right of cancellation / cancellation policy
Consumers as defined in Section 13 of the German Civil Code enjoy the following right of withdrawal.

(1) Right of cancellation
You are entitled to cancel this contract within fourteen days, without stating a reason.

The cancellation period is fourteen days from the date upon which you, or a third party appointed by you, not including the carrier, takes, or took, possession of the merchandise.

To exercise your cancellation right, you must notify us (Weisser GmbH – Haus der 1000 Uhren, Hauptstraße 81, 78098 Triberg, Germany, tel.: +49 (0) 7722-96 30 0, fax: +49 (0) 7722-96 30 21, email:office@1000Uhren.com), by means of an unambiguous declaration (for example, by letter, fax or email) of your decision to cancel the contract. You may use the enclosed cancellation form, but this is not required.

All you need to do to assert your cancellation right is send us your message of intent within the cancellation period.

(2) Consequences of cancellation
If you cancel this contract, we will reimburse you for all payments received by us, including delivery (with the exception of additional costs arising from your selection of a method of delivery differing from the method offered by us), i.e. standard economy delivery. Reimbursement will be made without delay, within fourteen days from the day of receipt of your notification of cancellation of this contract. In making the reimbursement, we will use the same method of payment as selected by you in the original transaction, in the absence of express agreement to the contrary with yourself; in no event will you incur any fee relating to your reimbursement. We shall, however, be entitled to refuse reimbursement until we receive the merchandise in return, or pending your submission of proof that you have shipped the merchandise back, whichever comes first.

You will be required to return or transfer the merchandise without delay, within fourteen days of receipt of your notice to cancel the contract, at the latest. The returns period shall be deemed adhered to if you send the merchandise before the expiry of the 14-day returns period. You will have to pay the direct costs of returning the merchandise.

You will only be required to compensate us for any deterioration of the merchandise if the deterioration is attributable to unnecessary handling, i.e. handling not required to inspect the condition, properties and functions of the same.

– End of cancellation policy –

 “Cancellation Form”

Additionally, please take note of the following instructions:

You will considerably facilitate the processing of your cancellation and save us money while avoiding unnecessary risks if you return the merchandise to us as an insured (standard) package if at all possible. We will gladly reimburse you for the increased shipping costs incurred in so doing. In this case, please send us the mailing receipt (a scan sent by email is sufficient). If you wish, we will gladly reimburse you for the increased cost in advance. We would be happy if you would call us before returning the merchandise, as this will enable us to discuss any details with you, if necessary.

Please note that the above mentioned requests are not binding, i.e. they are not conditions for the effective assertion of your right to cancel.

Under the law, there is no right of cancellation with regards to contracts for the delivery of custom-made articles, i.e., articles manufactured to client specifications, or articles clearly designed to reflect the personal requirements of the client. This applies, in particular, to products designed in accordance with client wishes, with individual motifs or texts.

10. Final provisions
(1) The contract is governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the client is a consumer under the terms of Section 13 of the German Civil Code and has his usual place of residence in a foreign country, this shall be without prejudice to the binding provisions of the client’s state of residence.
(2) The place of fulfilment for all deliveries and services shall be the main offices of Weisser GmbH.  The place of jurisdiction shall be Triberg if the client is a merchant in the sense of the German Commercial Code (HGB), if he is a corporate body or special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.
(3) In the event of the invalidity of any individual provisions of these General Terms and Conditions, this shall not affect the remaining provisions of the contract.