Terms of service
§ 1. Preamble
- Using his own online shop, Willi Rothfuss offers its customers new and used wristwatches and jewelry for sale.
- The following sales conditions apply to the entire business relationship between Willi Rothfuss and the customer, which is justified via the online shop referred to under paragraph 1.
- Customers in the sense of the available terms and conditions are both consumers and entrepreneurs. Any natural person who concludes a legal transaction for a purpose is a consumer who cannot be attributed to its commercial or independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
§ 2. Contract conclusion in the online shop
- All offers are subject to change-i.e. the products and services listed within the online shop do not represent Willi Rothfuss binding offers; Rather, it is a matter of request to the customer to make a binding offer.
- The customer makes a binding offer of contract order. Willi Rothfuss will immediately confirm the access of this order to the customer. In this respect, however, it is not the acceptance of the order; However, this can be associated with the declaration of acceptance.
- The customer's contract offer can be accepted within three working days after its receipt by Willi Rothfuss. The assumption can be explained either by express notification or with the delivery of the goods.
- Willi Rothfuss does not take on a procurement risk. The conclusion of the contract is therefore subject to not or only partially performed under the reservation, in the event of no correct or non -proper self -delivery by suppliers. Willi Rothfuss's responsibility for intent or negligence remains unaffected. In the event of non -availability or the only partial availability of the service, Willi Rothfuss will inform the customer immediately; Insofar as the right of reservations are used by the right of withdrawal due to this self -delivery, the consideration will be reimbursed to the customer immediately ..
§ 3. Right of withdrawal for consumers
Consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to neither their commercial nor their independent professional activity.
Right of withdrawal
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day,
- on which you or a third party named, who is not the carrier who have taken or have taken possession of goods, provided that you have ordered one or more goods as part of a uniform order and are delivered uniformly;
- on which you or a third party named, who is not the carrier, have taken possession of the last goods, provided that several goods have ordered as part of a uniform order and delivered them separately;
- on which you or a third party named, who is not the carrier, have or has taken possession of the last partial program or the last piece, provided you have ordered a goods that are delivered in several partial shipments or pieces;
To exercise your right of cancellation, you must (Willi Rothfuss, Calwer Straße 19, 70173 Stuttgart, phone: +49 (0) 711 6151519, fax: +49 (0) 711 6151529, email address: Info@Willi-Rothfuss .de) inform your decision to revoke this contract by means of a clear explanation (e.g. a letter sent by post, telephone, fax or email). You can use the attached cancellation form, but this is not prescribed.
To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.
Consequences of the revocation
If you cancel this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us to repay), immediately and at the latest within fourteen days from the day, on which the notification of your revocation of this contract was received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with them; Under no circumstances will you be charged for fees for this repayment.
We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract, to send or hand over to us. The deadline is preserved if you send the goods before the deadline of fourteen days.
They bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the quality, properties, properties and functioning of the goods not necessary to deal with them.
§ 4. Prices, delivery and shipping costs
- All prices listed in the online shop see themselves as final prices, i.e. they contain all price components including taxes. In contrast, in individual cases for cross -border deliveries, further taxes (e.g. in the event of an intra -Community acquisition) and/or taxes (e.g. tariffs) can be paid by the customer
- The packaging, shipping and insurance costs incurred are not included in the purchase price and must also be borne by the customer. The respective amount of the delivery and shipping costs is listed separately in the respective offers or more details are given in the ordering process for calculating them.
- The payment options mentioned in the respective specific offer, including bank transfer, cash transfer are available to the customer with an agreed collection. Unless otherwise agreed, the customer is subject to advance payment with regard to the payment of the purchase price plus any delivery and shipping costs incurred.
§ 5. Remuneration and terms of payment
- The customer must pay the purchase price at the latest 10 days after receiving the payment request. For the timeliness of the payment, the time of receipt of the money is decisive for the seller. After unsuccessful expiry of the due date, the customer comes in default of payment from Willi Rothfuss without further explanation.
- A consumer has the money debt during the delay of 5 percentage points above the base rate.
- An entrepreneur has to pay interest in the amount of 8 percentage points above the base rate during the delay. The right to prove and assert a higher default interest damage is reserved.
- In the case of contracts with consumers, Willi Rothfuss reserves the ownership of things sold until the purchase price is paid in full; In the case of contracts with entrepreneurs, Willi Rothfuss reserves the ownership of the goods until all claims from an ongoing business relationship (reserved goods) reserve the right to be paid in full.
- During the retention of title, the customer is obliged to treat the goods subject to retention of title, access to third parties to the goods subject to retention of title - e.g. in the event of a attachment - as well as any damage or the annihilation of them immediately and to provide all information and documents that are available for maintaining the Rights of Willi Rothfuss are necessary to also point out the foreign property and to display the property and change of ownership immediately and to change their own residence.
§ 7. offsetting, right of retention
- The customer can only offset such claims that are undisputed or legally established.
- To exercise the right of retention, the customer is only authorized if his counterclaim comes from the same contractual relationship.
§ 8. Delivery and shipping conditions, transfer of danger
- The delivery of the goods is generally - unless otherwise agreed - against prepayment and on the shipping route. The goods are usually sent within up to three working days after receipt of the full purchase price plus any delivery and shipping costs at Willi Rothfuss. Partial deliveries are permitted, provided they are reasonable for the customer.
- The customer insures the correct and complete delivery address in the ordering process. If there are additional costs for the dispatch due to incorrect address data -such as shipping costs or costs for return fonts -the customer must replace them.
- The risk of random doom and the random deterioration of the goods passes to the customer when buying the purchase with the transfer of the purchased item, provided the customer is a consumer. If the customer is an entrepreneur, the risk of random doom and the random deterioration of the goods passes to him as soon as the shipment has been handed over to the person executing for the transport. The handover is the same if the customer is in default of acceptance.
§ 9. Warranty and guarantee conditions
- Willi Rothfuss grants warranty and guarantee in accordance with the following paragraphs. Any inquiries and / or complaints of any kind must be sent to Willi Rothfuss about the contact details preceding these contractual terms.
- There is no warranty in the event of damage caused by improper treatment or use of the goods by the customer. The same applies to a so-called intentional wear. The customer is generally not entitled to have any defects in existence or by third parties without prior and express consent on the part of Willi Rothfuss (self -taking).
- Insofar as there is a lack of the goods, the consumer initially entitled to a subsequent fulfillment claim. In this respect, the consumer can choose between eliminating the defect or the delivery of a deficiency -free thing. However, Willi Rothfuss remains entitled to deny the selected type of supplementary performance if it is only possible at disproportionate costs and the other type of supplementary performance remains without considerable disadvantages for the consumer. At the choice of Willi Rothfuss by eliminating the defect or by replacement delivery, the subsequent performance is followed by an entrepreneur.
- If the subsequent performance has failed, the consumer may request the legal regulations to reduce the purchase price (reduction) according to his choice, declare the withdrawal from the contract, claim damages or compensation in unsuccessful expenses. If he requests compensation or compensation for unsuccessful expenses, the restrictions on liability according to § 11 of these GTC apply.
- Entrepreneurs have to report obvious defects in the goods to Willi Rothfuss in writing within 2 weeks of receipt of the goods, otherwise warranty claims are excluded. In order to protect the deadline, the timely sending of the defect display is sufficient.
- In the event of new things, the limitation period for the rights of a consumer is 2 years for defects, for the rights of an entrepreneur 1 year from delivery of the goods. In the case of used items, the limitation period for the customer's claims for defects - subject to Section 9 (7) of these GTC - 1 year from delivery is. If this deadlined limitation relief does not apply, insofar as Willi Rothfuss is liable in accordance with Section 11 of these GTCs or it is about the real right of a third party, on the basis of which the delivery of the delivery item can be requested.
- Used things can have old-age wear and tear and wear out. Compared to entrepreneurs, the claims and rights of the entrepreneur are excluded due to defects when selling used things; This also applies to deficiencies that arose before the contract was concluded before the transfer of danger. This exclusion of warranty does not apply if Willi Rothfuss is liable in accordance with § 11 of these GTCs or it is about the real right of a third party, on the basis of which the delivery of the delivery item can be requested.
- The mere presentation of the articles in the online shop is generally to be regarded as a pure performance description. Willi Rothfuss only gives his own guarantees if this expressly results from the article description. Warranty statements of third parties, in particular manufacturers' warranties, remain unaffected.
§ 10. Transport damage
- The goods delivered by the transport company must be checked for completeness and integrity immediately after receipt in the presence of the deliverer.
- If there are obvious damage, these must be reported to the transport company immediately. In this case, the customer undertakes to note this damage on the respective shipping papers and to have it acknowledged by the deliverer; The packaging must be kept.
- In the event of a partial loss or damage to the goods, which was not recognizable in the packaged state, the customer has to display this to the transport company within 5 days of delivery or at least within 7 days of delivery in order to grant any claims towards any claims be asserted in good time to the transport company.
- The customer will support Willi Rothfuss to the best of its strength if this claims to the relevant transport company or transport insurance.
- Any rights and claims of the customer - in particular the legal rights of the buyer for defects in the purchased matter - remain unaffected by § 10 of these GTC.
§ 11. Liability
- According to mandatory legal regulations, such as the Product Liability Act, also according to the legal provisions for damage from the violation of life, body or health based on a negligent or intentional breach of duty, as well as for other damage that is on a grossly negligent or intentional breach of duty As well as the fraudulent, Willi Rothfuss is fully liable.
- Willi Rothfuss is liable for damage caused by simple or easy negligence, insofar as this negligence concerns the violation of those contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). The liability of Willi Rothfuss is limited to the typical, predictable average damage.
- In the event of simple and easy negligence, Willi Rothfuss is not liable to entrepreneurs if insignificant contractual obligations are violated. In the event of a violation of insignificant contractual obligations, liability is limited to consumers in the event of a simple or easy negligence to the contract -typical, immediate average damage.
- In addition, liability is excluded - regardless of the legal nature of the claimed claim.
§ 12. Applicable law, place of jurisdiction
- Relations between the contracting parties are regulated according to the law applicable in the Federal Republic of Germany. In the case of consumers who conclude contracts for the delivery of moving things for a purpose, which cannot be attributed to the professional or commercial activity of the consumer, this choice Consumers have their habitual residence.
- The HAAGER convention of July 1st, 1964 regarding uniform laws on the international purchase and the United Nations' Convention of April 11, 19870 on contracts for international sale of movable things are not used.
- If the customer is a businessman, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes from this contract is the place of business of Willi Rothfuss. The same applies if the customer does not have a general place of jurisdiction in Germany or are not known to residence or habitual residence at the time of the lawsuit. The authority to call the court at another legal place of jurisdiction remains unaffected.