Sales and delivery conditions of Eurotime GmbH for consumers
According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their self-employed professional activity.
In any case, the offer of Eurotime GmbH is only aimed at adults, i.e. consumers who have reached the age of 18. Only consumers are entitled to a right of withdrawal.
The offer, the order and the contractual relationship are based exclusively on the General Terms and Conditions of Eurotime GmbH (hereinafter: Eurotime); the general terms and conditions of Eurotime GmbH apply exclusively. The terms and conditions of the contractual partner do not apply. These terms and conditions also apply exclusively if Eurotime renders its services without reservation in the knowledge of conflicting terms and conditions of the customer. These general terms and conditions also apply to future legal transactions between the contracting parties regarding the purchase of watches of all kinds and accessories as well as legal transactions of a related nature, without the need for renewed reference to the general terms and conditions. If the services are provided by Eurotime with the involvement of third parties (e.g. Amazon or eBay), the terms and conditions of these third parties become part of the contractual relationship between the customer and Eurotime. Eurotime is entitled to notify the customer of changes to the content of these General Terms and Conditions in writing or electronically, with the result that the changes are considered part of the contract if the customer does not object to them within a period of six weeks after receipt. Eurotime undertakes to inform the customer of the consequences of not objecting with the change notification. Eurotime is entitled to transfer its rights and obligations from a contractual relationship to one or more third parties (contract transfer). In this case, the customer has the right to extraordinarily terminate the contractual relationship.
3 Formation of the contract
The offers made available for distance selling do not constitute a binding offer, but rather a non-binding invitation to the customer to order goods online from Eurotime. When ordering online, the customer places a binding order for the items that he has previously placed in the shopping cart by clicking on the “order with obligation to pay” button. The order represents an offer to Eurotime to conclude a sales contract. If the customer has placed an order using the domain uhr-designer.eu, he will receive a confirmation from Eurotime via e-mail confirming receipt of his order at Eurotime and listing their details (order confirmation). This order confirmation does not represent acceptance of the customer’s offer but is only intended to inform him that his order has been received by Eurotime. A purchase or work contract is only concluded when Eurotime sends the customer an order confirmation or sends the ordered products to him. No sales contract is concluded for products from one and the same order that is not listed in the order/shipping confirmation. The customer’s contractual partner is Eurotime GmbH, Schweinfurter Straße 24, 97337 Dettelbach.
Since the conclusion of the contract and further order processing takes place with the customer by e-mail (e.g. order confirmation), the customer is obliged to ensure that the e-mail address provided by him for the order processing is activated so that e-mails sent to him for order processing are also activated go to In particular, when using spam filters, the customer must ensure that the order confirmation and all other e-mails sent to him with the order processing can be sent to him. In the course of order processing, Eurotime may pass on the customer’s e-mail address to the shipping company for the purpose of notification of delivery.
4 Contract language
The contract language is German.
5 Correction of input errors
Input errors or corrections to the order can still be corrected until the ordering process is completed. Changing the order (items and quantities) in the Eurotime shop is always done in the shopping cart. The entered articles can be deleted here. The customer can add new items or change the order quantities. If the customer is already in the “Checkout” area during the ordering process, he/she cancels the ordering process by clicking on the “shopping cart symbol” and thus returns to the shopping cart. Here he can then make changes.
6 Storage of contract texts
When contracts are concluded, the text of the contract is saved as a website after the contract has been concluded. To view the previous creation of a customer account is required. After the successful creation of a customer account, a request to activate the same will be sent by e-mail. After successful activation, an overview of the contract text is available to the customer under “My Account”, Orders”, which can be printed out or saved using the respective browser function.
7 Subject of the contract, conditions
The nature of the ordered goods results from the product descriptions in the respective offer. Illustrations on Internet pages may only reflect the products imprecisely; colors in particular may deviate for technical reasons. The images provided are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance description are given by Eurotime as precisely as possible, but can show the usual deviations. The properties described do not constitute defects and do not entitle the customer to make a complaint.
8 Preise, Liefer- und Versandkosten, Versand
The prices stated on the product pages include the statutory value-added tax applicable in the Federal Republic of Germany. Other price components are shown separately on the invoice. Eurotime reserves the right to change the prices accordingly if costs increase after the conclusion of the contract, in particular, due to changes in material prices or changes in the order data. Eurotime is obliged to proceed in the same way in the case of cost reductions. Eurotime will provide the customer with evidence of both cost reductions and cost increases as soon as and to the extent that they have occurred. The amount of the shipping costs within Germany is shown in the item description of the respective item offered. If foreign shipping is offered, there will be higher shipping costs. These can be found in the shipping costs table. Only in the case of cross-border delivery – if offered – may the buyer have to pay additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) in individual cases, but not to the seller, but to the customs or customs authorities responsible there. tax authorities. These costs are not additional shipping costs, so they must be borne by the customer. Before placing an order abroad, the customer can obtain information from the responsible customs authorities in his country. If delivery to the address specified by the customer is not possible, e.g. because the address was incorrect, Eurotime can charge the customer for the unsuccessful shipping costs. This does not apply in cases in which the customer is not responsible for the impossibility of delivery or was only temporarily prevented from accepting the delivery. The dispatch takes place according to the legal regulations for the purchase of consumer goods at the risk of Eurotime.
9 Terms of payment
Orders can be paid using the payment methods specified on the “Payment Methods” page. Terms of payment that deviate from this are noted in the specific offer. The purchase price plus delivery and shipping costs must be paid no later than 8 days after receipt of a payment request/invoice if such a payment method is the subject of the contract.
10 Intellectual property rights/rights of use
Eurotime does not acquire any rights of use to the content that the customer makes available to Eurotime for the individualization of goods (photos, graphics, texts, logos), regardless of the protectability of the content in question. The customer only makes this content available to Eurotime so that Eurotime can fulfill its contractual obligations towards the customer. In particular, it does not follow from the provision of such content that Eurotime should be able to otherwise use the customized goods in the event of the customer’s unauthorized non-acceptance. If Eurotime has to deliver according to such content that is made available to it by the customer, the customer is responsible to Eurotime for the fact that the production and delivery of the goods do not infringe the property rights of third parties.
If Eurotime is prohibited by a third party from producing and delivering objects that are to be produced according to the customer’s content due to property rights, Eurotime is entitled, without being obliged to check the legal situation, to the exclusion of any claims by the customer, to stop production and to refrain from delivery. Eurotime is to be reimbursed for the costs already incurred by the customer through the execution of the order. In each case of the type described above, the customer undertakes to indemnify Eurotime against claims for damages by third parties and to pay full compensation for damages that arise from the infringement or the assertion of any property rights of third parties.
11 Delivery and shipping conditions
If no other delivery period is specified in the item description, the goods will be dispatched within approx. 3-5 working days after receipt of the full purchase price plus delivery and shipping costs. If the delivery times deviate in individual cases, this is shown in the respective item description. If the goods are obviously incomplete upon delivery, have obvious defects or transport damage, the customer can support the seller, who bears the burden of proof for transport damage when purchasing consumer goods, by notifying the seller and the carrier of the complaints as quickly as possible. However, the customer is not obliged to do this.
12 Retention of title in case of delivery before (full) payment
The goods remain the property of Eurotime until the purchase price has been paid in full.
13 Warranty and Guarantee
The statutory liability for defects applies.
Eurotime’s liability for other damages beyond the statutory liability for defects is also based on the statutory provisions.
Eurotime always carries out an outgoing goods inspection before delivery. Nevertheless, the customer is advised in his own interest to check the delivered goods upon receipt. If there is any damage or incorrect delivery, the customer should contact Eurotime as soon as possible so that further procedures can be coordinated with him.
If packaging and/or transport damage is found upon delivery, Eurotime asks the customer to have this confirmed in writing by the carrier upon delivery and to notify Eurotime. Eurotime will then coordinate the further procedure with the customer. Eurotime recommends the customer keep the damaged packaging as evidence if possible.
If the customer does not comply with the aforementioned regulations, this has no effect on the warranty rights to which he is entitled.
If the customer is a consumer, warranty claims expire two years after the start of the statutory limitation period, unless the object of purchase is a used item. In this case, warranty claims expire one year after the start of the statutory limitation period.
Some manufacturers offer a guarantee. Where this is the case, these warranty provisions apply in addition to the statutory warranty. Statutory warranty rights are not affected by any guarantees.
Eurotime is liable without limitation for damages resulting from injury to life, limb or health that are based on a negligent breach of duty by Eurotime or an intentional or negligent breach of duty by a legal representative or vicarious agent of Eurotime.
In the case of other liability claims, Eurotime is only liable without limitation if the guaranteed quality does not exist, as well as for intent and gross negligence on the part of its legal representatives and executive employees. Eurotime is only liable for the fault of other vicarious agents to the extent of liability for slight negligence.
Eurotime is only liable for slight negligence if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the case of a slightly negligent breach of a cardinal obligation, liability is limited to the typically foreseeable damage.
15 Right of withdrawal
Consumers generally have a right to withdraw. The instruction on the right of withdrawal can be found on the page cancellation instructions.
As part of his statutory right of withdrawal, the customer has the right to partially withdraw individual goods from his order. An exception applies to goods that are subject to a specially designated price or discount campaign. With these goods, the contract can only be reversed as a whole. If, for example, Eurotime has delivered free goods to the customer with the delivery of the goods, the free goods must also be sent back if the right of withdrawal is exercised. If the customer does not return the free goods, the goods in question will be charged at the current price of the goods at the time of the order, as if they were not free goods.
The right of withdrawal does not apply to the delivery of goods that are made to customer specifications or are clearly tailored to the personal needs of the customer.
16 Compensation after revocation
If the customer makes use of his right of cancellation and cancels the contract, it is agreed, in derogation of § 346 Paragraph 2 No. 3 BGB, that he has to pay Eurotime compensation for a loss in value of the goods if the loss in value is due to the handling of the goods which was not necessary to check the nature, properties and functioning of the goods. The above only applies if Eurotime has informed the customer of his right of withdrawal in accordance with Article 246a § 1 Paragraph 2 Clause 1 Number 1 of the Introductory Act to the Civil Code.
17 Applicable law
The law of the Federal Republic of Germany applies to the contractual relationship between Eurotime and the customer as well as to the respective terms and conditions. The UN Sales Convention (CISG) is excluded. This clause on the choice of law does not apply to consumers who have their usual place of residence in a country other than the Eurotime delivery area and are subject to different mandatory consumer protection regulations there.
18 Place of jurisdiction
The place of jurisdiction is the registered office of Eurotime if the customer is a registered trader, a legal entity under public law, a special public fund or has no place of jurisdiction in Germany.
If the customer is a consumer according to the law of the federal state of Austria, his place of residence is the place of jurisdiction. The customer has the choice between the law of the Federal Republic of Germany or the law of the Federal State of Austria.
If the customer is a consumer of the Swiss Confederation, he can choose the place of jurisdiction. Otherwise, the law of the Swiss Confederation applies.
In the relationship between Eurotime and consumers, nationals of other states are subject to their mandatory consumer protection regulations for the place of jurisdiction and the choice of law, unless EU regulations or other international regulations take precedence over them.
II. Supplemental Consumer Information
As an online retailer, Eurotime is subject to a number of information obligations towards consumers. If Eurotime does not already fulfill these information obligations directly on the respective websites of the offers, the information listed below applies:
1. Technical steps to conclude the contract
In the online shop, the customer first selects one or more items and places them in the “shopping cart”. The customer can view the contents of the shopping cart at any time without obligation by clicking on the “Shopping Cart” button at the top right. If he agrees with the number and costs, he clicks on the “Checkout” button. There he has the opportunity to register as a customer or to order as an existing customer. After appropriate selection or registration, the customer clicks on the “Next” button.
Existing customers: By logging in as an existing customer, the customer is forwarded directly to the “Check & Order” page. His billing and delivery address and the last selected payment method are already stored there. By clicking on the “Change” button, he can change his billing and/or delivery address as well as the payment method as desired within the framework of the payment methods offered by Eurotime. After a successful change, he is returned to the “Check & Order” page. Here he can make changes to the shopping cart items if necessary. By clicking on the box (checkbox) to the left of the link to the General Terms and Conditions and other texts, the customer confirms that they have had the opportunity to take note of the General Terms and Conditions. By then clicking on the “Order with obligation to pay” button (button), the customer can send his binding order to Eurotime.
New customer: By clicking on “Create a new customer account”, the customer is forwarded to the address detail page. There he has the option of entering his billing address and/or a different delivery address if necessary. By clicking on the “Continue” button, he creates a customer account and is forwarded directly to the “Check & Order” page. His previously specified billing and delivery address and the payment method in advance are stored there. By clicking on the corresponding button, he can change his billing and/or delivery address as well as the payment method as desired within the framework of the payment methods offered by Eurotime. After a successful change, he is returned to the “Check & Order” page. Here he can make changes to the shopping cart items if necessary. By clicking on the box (checkbox) to the left of the link to the General Terms and Conditions and other texts, the customer confirms that they have had the opportunity to take note of the General Terms and Conditions. By then clicking on the button (button) “Order with obligation to pay” the customer can send his binding order to Eurotime.
2. Contract text storage/printout
Order data and contract text are stored electronically by Eurotime. The customer can view past orders via the customer login area. If the customer has not created a customer account, Eurotime will send him the stored data by e-mail on request. The print function of his browser also gives him the option of printing out the order data and the text of the contract when the contract is concluded. He can also save this by right-clicking on the context menu in his browser and saving the currently displayed website on his computer.
3. Correction option
The customer has the option of correcting input errors that occurred while filling out the order before finally sending his order by using the appropriate commands on the keyboard or by clicking the mouse. All entries can also be checked by the customer before placing the order by using the back button on his browser to switch to previously displayed screens and make changes there. At the end of the ordering process, all entries are displayed again in a confirmation window and can also be corrected there before the order is sent. Changes are no longer possible after the order has been sent.
4. Code of Conduct
Although Eurotime has not subjected itself to any particular code of conduct, it makes every effort within the legal framework to be as customer-friendly as possible.
5. Information on the existence of a statutory defect liability right
Eurotime’s liability for defects is based on Section 11 of the General Terms and Conditions (see above under I.)
6. Right of withdrawal
Consumers generally have a right to withdraw. The customer can find the instructions on the right of withdrawal on extra page on the right of withdrawal.
7. Information on online dispute resolution in accordance with Art. 14 of EU Regulation No. 524/2013
The EU Commission provides a platform for the online settlement of consumer disputes arising from the online sale of goods or the online provision of services to consumers (OS platform). The OS platform can be reached via the following link: http://ec.europa.eu/consumers/odr. The Eurotime e-mail address is: firstname.lastname@example.org
Eurotime does not participate in the procedure for alternative dispute resolution in accordance with the Consumer Dispute Settlement Act.
8. Reference to the responsible consumer arbitration board according to § 36 VSBG
The consumer arbitration board responsible for you under the Consumer Dispute Settlement Act (VSBG) would be the General Consumer Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, e-mail: mail@Verbraucher-schlichter.de, Internet: www.Verbraucher- plainer.de.
However, we would like to point out that we are neither willing nor obliged to participate in a dispute settlement procedure before this consumer arbitration board or any other consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
Sales and delivery conditions of Eurotime GmbH for entrepreneurs
Pursuant to Section 14, Paragraph 1 of the German Civil Code, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
In any case, the offer of Eurotime GmbH is only aimed at adults, i.e. entrepreneurs who have reached the age of 18. Only consumers are entitled to a right of withdrawal.
The offer, the order, and the contractual relationship are based exclusively on the General Terms and Conditions of Eurotime GmbH (hereinafter: Eurotime); the general terms and conditions of Eurotime GmbH apply exclusively. The terms and conditions of the contractual partner do not apply. These terms and conditions also apply exclusively if Eurotime renders its services without reservation in the knowledge of conflicting terms and conditions of the customer. These general terms and conditions also apply to future legal transactions between the contracting parties regarding the purchase of watches of all kinds and accessories as well as legal transactions of a related nature, without the need for renewed reference to the general terms and conditions. If the services are provided by Eurotime with the involvement of third parties (e.g. Amazon or eBay), the terms and conditions of these third parties become part of the contractual relationship between the customer and Eurotime. Eurotime is entitled to notify the customer of changes to the content of these General Terms and Conditions in writing or electronically, with the result that the changes are considered part of the contract if the customer does not object to them within a period of six weeks after receipt. Eurotime undertakes to inform the customer of the consequences of not objecting to the change notification. Eurotime is entitled to transfer its rights and obligations from a contractual relationship to one or more third parties (contract transfer). In this case, the customer has the right to extraordinarily terminate the contractual relationship.
3 Offer and Closing
3.1 The offers made available for distance selling do not constitute a binding offer, but rather a non-binding invitation to the customer to order goods online from Eurotime. When ordering online, the customer places a binding order for the items that he has previously placed in the shopping cart by clicking on the “Order with costs” button. The order represents an offer to Eurotime to conclude a sales contract. If the customer has placed an order using the domain uhr-designer.eu, he will receive a confirmation from Eurotime via e-mail confirming receipt of his order at Eurotime and lists their details (order confirmation). This order confirmation does not represent acceptance of the customer’s offer but is only intended to inform him that his order has been received by Eurotime. A sales contract is only concluded when Eurotime sends the customer an order confirmation or sends the ordered products to him. No sales contract is concluded for products from one and the same order that are not listed in the order/shipping confirmation. The customer’s contractual partner is Eurotime GmbH, Schweinfurter Straße 24, 97337 Dettelbach.
3.2 Since the conclusion of the contract and further order processing takes place with the customer via e-mail (e.g. order confirmation), the customer is obliged to ensure that the e-mail address provided by him for the order processing is activated so that e-mails sent to him for order processing also go. In particular, when using spam filters, the customer must ensure that the order confirmation and all other e-mails sent to him with the order processing can be sent to him. In the course of order processing, Eurotime may pass on the customer’s e-mail address to the shipping company for the purpose of notification of delivery.
3.3 Offers are always non-binding: Contracts and other agreements only become binding after they have been confirmed in writing by Eurotime.
3.4 Insofar as employees or sales representatives make verbal side agreements or give assurances that go beyond the written purchase contract, these always require the written confirmation of Eurotime.
3.5 Verbal declarations by persons who are authorized to represent Eurotime without restrictions or to represent Eurotime remain unaffected by the above regulations.
3.6 Unless otherwise agreed, the documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate.
4 Terms of delivery, delay, impossibility of delivery
4.1. The expiry of certain delivery periods and dates does not release the customer, who wants to withdraw from the contract or claim damages for non-performance, from setting a reasonable grace period for the provision of the service and from declaring that he will refuse the service after the period has expired. This does not apply if the seller has expressly stated in writing that a period or a deadline for performance is binding.
4.2. Partial deliveries are permitted to a reasonable extent.
4.3. The delivery period is extended – even within a delay – appropriately in the event of force majeure and all unforeseen obstacles that occur after the conclusion of the contract for which Eurotime is not responsible (in particular also operational disruptions, disputes, lockouts or disruptions to the traffic routes), insofar as such obstacles can be proven to be due to the delivery of the item sold are of significant influence. This also applies if these circumstances occur at Eurotime’s suppliers and their sub-suppliers. Eurotime will inform the customer of the beginning and end of such hindrances as soon as possible. The customer can request a declaration from Eurotime as to whether it intends to withdraw or deliver within a reasonable period of time. If Eurotime does not explain itself immediately, the customer can withdraw.
4.4. Delivery periods are extended by the period in which Eurotime is in arrears with its contractual obligations within an ongoing business relationship – also from other contracts.
4.5. Eurotime is not responsible for delay and non-delivery (impossibility) as long as it, its vicarious agents and sub-suppliers are not at fault. For the rest, Eurotime is liable according to the statutory provisions. If Eurotime then has to pay damages, in the event of slight negligence on the part of Eurotime, a claim for damages to which the customer is entitled – insofar as the contract is related to the commercial activity of the customer – is limited to the damage foreseeable at the time the contract was concluded, at most from 10% of the value of that part of the Entire delivery which, as a result of the delay or non-delivery, cannot be used on time or in accordance with the contract. Eurotime is in no way responsible for delayed or non-delivery (impossibility) caused by the fault of its sub-supplier.
4.6. The right of the customer to withdraw after the unsuccessful expiry of a period of grace set by Eurotime remains unaffected.
5 Shipping and Passing of Risk
5.1. Unless otherwise agreed, the route and means of dispatch are left to Eurotime’s choice. The goods will be insured at the request and expense of the customer.
5.2. The customer bears the shipping costs.
5.3. If the shipment is delayed at the request of the customer or through the fault of the customer, Eurotime will store the goods at the customer’s risk and expense. In this case, notification of readiness for dispatch is equivalent to dispatch.
5.4. Otherwise, the risk is transferred to the customer when the goods are handed over to a forwarding agent or carrier, but no later than when they leave the warehouse, even if the delivery is made using Eurotime’s means of transport.
6 Prices and Payment
6.1. In principle, the prices do not include VAT. Since Eurotime’s offer is also aimed at consumers, Eurotime is obliged to indicate the prices on its websites and those of the trading platforms including VAT. The amounts are shown net plus VAT on the invoice.
6.2. The invoices are to be paid when they are due. The customer is in default of payment no later than 30 days after receipt of the invoice and the due date of the claim. Eurotime is entitled to bring about a default in payment before the expiry of the aforementioned period by sending a reminder.
6.3. Checks are credited subject to receipt minus expenses with the value date of the day on which Eurotime can dispose of the equivalent value.
6.4. If the customer defaults on payment or does not redeem a bill of exchange when it is due, Eurotime is entitled to take back the goods or, if necessary, to enter the customer’s premises and take away the goods. Eurotime can also prohibit the resale and removal of the delivered goods. The return is not a withdrawal from the contract.
6.5. If the payment deadline is exceeded, the interest of 9% above the base interest rate will be charged without proof, subject to the right to claim further damage. The customer is free to provide evidence of lower damage caused by default.
6.6. Any agreed discounts will not be granted if the customer is in arrears with payment for an earlier delivery.
6.7. It is not permissible to set off any counterclaims by the customer disputed by Eurotime. Assertion of a right of retention due to counterclaims that are not recognized or not legally established is excluded if these claims are not based on the same contractual relationship. If a notice of defects is asserted, payments by the customer may be withheld to an extent that is in reasonable proportion to the defects. However, if the contract is part of the operation of his trade, the customer can withhold payments if a justified notice of defects is asserted.
7 Retention of title
7.1. Eurotime retains ownership of the goods until the purchase price has been paid in full. In the case of goods that Eurotime obtains from the customer as part of its commercial activity, Eurotime retains ownership until all of its claims against the customer from the business relationship, including future claims from contracts concluded at the same time or later, have been settled. This also applies if an individual or all of Eurotime’s claims have been included in a current account and the balance has been drawn and acknowledged. If in connection with the payment of the purchase price by the customer, Eurotime becomes liable for a bill of exchange, the retention of title does not expire before the bill of exchange is honored by the customer as the drawee.
7.2. If the reserved goods are combined with other goods by the customer, Eurotime is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods and the processing value. If Eurotime’s ownership expires as a result of connection, mixing, or processing, the customer transfers to Eurotime the ownership rights to which he is entitled to the new item to the extent of the invoice value of the reserved goods at the time the contract is concluded and stores them for Eurotime free of charge. The resulting co-ownership rights are considered reserved goods within the meaning of No. 7.1. The customer must inform Eurotime immediately of any access by third parties to the reserved goods and assigned claims. He may only sell the reserved goods in the ordinary course of business under his normal terms and conditions and as long as he is not in default, provided that the claims from the resale according to the following numbers 7.3 to 7.6. switch to Eurotime. He is not entitled to dispose of the reserved goods in any other way.
7.3. The customer’s claims from the resale of the reserved goods are already assigned to Eurotime. They serve as security to the same extent as the reserved goods. If the reserved goods are sold by the customer together with other goods not supplied by Eurotime, the claim from the resale is assigned in proportion to the invoice value of the other goods sold. When selling goods in which Eurotime has a co-ownership share in accordance with No. 7.2. a part corresponding to their co-ownership share will be assigned to Eurotime.
7.4. The customer is entitled to collect claims from the resale. At Eurotime’s request, he is obliged to inform his customers immediately of the assignment to Eurotime – if he does not do this himself – and to give him the information and documents required for collection. Under no circumstances is the customer entitled to further assignment of claims. An assignment by way of genuine factoring is only permitted to the customer on condition that Eurotime is notified of this with notification of the factoring bank and the customer’s accounts maintained there and that the factoring proceeds exceed the value of Eurotime’s secured claim. Eurotime’s claim becomes due immediately when the factoring proceeds are credited.
7.5. Eurotime undertakes to release the securities to which it is entitled insofar as their value exceeds the claims to be secured, insofar as these have not been settled, by more than 10%.
7.6. The assertion of the retention of title and the reclaiming of the goods only constitutes a withdrawal from the contract in the event of an express declaration to this effect.
8 Return of Goods
8.1. Apart from warranty cases, the return of goods is only possible in exceptional cases and after a prior written agreement. In the event of a return, a restocking fee of 20% of the purchase price or at least €10.00 plus the applicable statutory VAT will be charged per return. These costs will be deducted from any credits.
8.2. The return of custom-made, painted, damaged, unusable, and non-originally packaged parts are excluded.
9 Notification of defects and warranty
9.1. Claims for warranty due to material defects expire one year after the start of the statutory limitation period unless the purchased item is used in multi-shift operation after purchase or used in some other unusual way. They assume that the defect existed at the time of the transfer of risk. Furthermore, claims for defects presuppose that the customer has duly fulfilled his obligations to examine and give notice of defects according to § 377 HGB, provided he is a merchant. The merchant is therefore obliged to examine the delivered goods immediately for obvious defects. Obvious defects include cases in which a different item or an insufficient quantity is delivered. Such obvious defects must be reported to Eurotime in writing within one week of delivery. Defects that only become apparent later must be reported to Eurotime within one week of being identified. In the event of a breach of the obligation to inspect and give notice of defects, the goods are deemed to have been approved with regard to the defect in question.
9.2. If the notice of defects is justified, Eurotime is obliged to the subsequent performance of its choice. If she does not meet this obligation within a reasonable period of time, or if a repair fails despite repeated attempts, the customer is entitled to reduce the purchase price or withdraw from the contract. Further claims, in particular claims for reimbursement of expenses or claims for damages due to defects or consequential damages, only exist within the framework of the regulation on limitations of liability (No. 10).
9.3. Replaced parts are to be sent back to Eurotime free of charge upon request.
9.4. Unauthorized reworking and improper handling result in the loss of all claims for defects. In order to prevent disproportionately large damage or if Eurotime delays in remedying the defect, the customer is entitled, after prior notification of Eurotime, to rectify the defect and to demand reimbursement of the reasonable costs.
9.5. Normal wear and tear do not result in any warranty claims.
9.6. The warranty period for rectifications is 3 months for replacement deliveries and 6 months for replacement services. It runs at least until the original warranty period for the delivery item has expired or as long as and insofar as Eurotime itself is entitled to corresponding longer warranty periods against its sub-suppliers.
9.7 The period for liability for defects is extended by the duration of the business interruption that occurs as a result of the fact that repairs, replacement deliveries or replacement services are required for those parts that cannot be operated appropriately due to the interruption. Claims for recourse pursuant to §§ 478, 479 only exist if the use of Eurotime was justified and only to the extent permitted by law, but not for goodwill arrangements not agreed with the seller and presuppose that the person entitled to recourse observes their own obligations, in particular the obligation to give notice of defects.
9.8 The sale of used objects of purchase to entrepreneurs and merchants take place with the exclusion of any warranty.
10 General Limitation of Liability
In all cases in which Eurotime is obliged to pay damages or reimbursement of expenses in deviation from the above conditions on the basis of contractual or legal claims, it is only liable if you, your executives or vicarious agents acted with intent, gross negligence, or injury to life, limb or health becomes a burden. No-fault liability under the Product Liability Act remains unaffected. Liability for the culpable breach of essential contractual obligations also remains unaffected. In this respect, however, liability is limited to foreseeable, contract-typical damage, except in the cases of sentence 1.
11 Place of Performance, Place of Jurisdiction, Applicable Law
11.1. The place of performance and exclusive place of jurisdiction for delivery and payment (including actions on checks and bills of exchange), as well as all disputes arising between the parties, is the headquarters of Eurotime, insofar as the customer is a registered trader, a legal entity under public law or a special fund under public law.
11.2. The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany, excluding the UN Sales Convention (CISG).
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.