§ 1 GENERAL INFORMATION, SCOPE OF THE GBC
1.1 All deliveries and services of the NOMOS Glashütte/SA Roland Schwertner KG, Ferdinand-Adolph-Lange-Platz 2, 01768 Glashütte (hereinafter “NOMOS Glashütte”) are carried out solely on the basis of the following General Business Conditions in the version valid at the time the order is placed. Other business conditions are not applicable unless explicitly agreed in writing.
1.2 As understood in these business terms and conditions, “customer” can mean either consumer or entrepreneur. As understood in these business terms and conditions, “consumers” are natural persons who conclude contracts for a purpose that cannot be considered part of their trade or professional activity. As understood in these business terms and conditions, “entrepreneurs” are natural or juristic persons or judicable partnerships that, in concluding a contract with NOMOS, are acting in a commercial or self-employed professional context.
§ 2 CONTRACT CONCLUSION, REALIZATION OF THE CONTRACT
2.1 You can order by telephone, by fax, or from our online shop. Our offer is binding. With your order, you accept our offer to conclude a contract. The contract is concluded with your dispatch of your order to us. You will receive the order confirmation by email, fax, or post.
2.2. This is how you order in our online shop: Once you have found the item of your choice, you may take a closer look at it without any obligation to purchase by clicking the name or the picture of the item. By clicking the button [Add to bag] you may place the item in your bag. You can view the contents of your bag at any time by clicking the bag icon. You can remove items from the bag by clicking [Remove] or change the number of items by clicking [change quantity]. If you want to purchase the items in your bag, click the button [Proceed to checkout] on the page “Your bag”.
In the next step of your order, you can set up an optional customer account, submit your details, and choose your preferred shipment and payment options. In the final step, under “Confirm,” you will have an overview of your order and the opportunity to change any details under [Edit]. Mistakes in the details entered can be corrected by navigating backward in the browser or by stopping the order process and starting again from the beginning.
To complete your purchase, you must accept the General Business Conditions and click the button [Place order]. This sends us your order.
2.3 Ordering concludes the contract with:
Roland Schwertner KG
Tel. +49 35053 404 960 (NOMOS Store)
Tel. +49 35053 404 0 (NOMOS Glashütte)
Fax +49 35053 404 80
Uwe Ahrendt (personally liable)
Court of Registration:
Amtsgericht [District Court] Dresden
Turnover tax identification number in accordance with § 27a Turnover Tax Law:
§ 3 STORAGE OF THE CONTRACT TEXT
We store your order and the ordering data provided. We will send you by email an order confirmation with all the ordering data. You also have the opportunity to print out both the order and the General Business Conditions before sending your order to us. If you have set up a customer account with us, you will have access at all times to the orders you have placed.
§ 4 CONSUMER RIGHT TO CANCEL
The following right to cancel applies for consumers only:
Right of cancellation
You have the right to cancel this agreement, no questions asked, within thirty days.
The cancellation period is thirty days from the date on which you or a third party designated by you who is not the carrier took possession of the goods.
To exercise your right to cancel, you must notify us (NOMOS Glashütte/SA Roland Schwertner KG, Ferdinand-Adolph-Lange-Platz 2, 01768 Glashütte, Tel. +49 35053 404 960, Fax +49 35053 404 965, email: email@example.com) with a clear statement (e.g., letter by postal service, fax or email) of your decision to cancel the agreement. You may use the attached template cancellation form if you wish, but it is not required.
Your cancellation will be considered to be within the cancellation period so long as your notice to exercise your right to cancel was sent before the expiration of the cancellation period.
Consequences of cancellation
If you cancel this agreement, we are required to return to you any payments that we have received from you, including delivery charges (with the exception of any extra costs resulting from your choice of a method of delivery other than the standard delivery offered by us), promptly and within fourteen days of the date on which the notice concerning your cancellation of this agreement was received by us. We will use the same manner of payment for this reimbursement as you used for the original transaction unless we have made explicit agreement with you to the contrary; under no circumstances will you be charged for this reimbursement. We have the right to refuse to make reimbursement until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods promptly and in any case within thirty days after the date on which you notify us of your cancellation of this agreement. You will be considered within the deadline so long as you have sent the goods before the fourteen days have elapsed. We will bear the costs for the return of the goods.
You will only be responsible for any reduction in the value of the goods if this reduction in value can be attributed to any handling not necessary for inspecting its condition, features, and operability.
No right of cancellation will be honored in the case of distance sales agreements for the delivery of goods that are not prefabricated and whose production included a personalized selection or specification by the consumer or that is uniquely customized to the personal requirements of the consumer (for example, specially ordered custom engraving).
§ 5 TEMPLATE CANCELLATION FORM
(If you wish to cancel the agreement, please complete this form and return it to us.)
Roland Schwertner KG
Fax +49 35053 404 965
I/we (*) hereby cancel the agreement concluded by me/us (*) for the purchase
of the following goods (*)/of the following services (*)
Ordered on (*)/received on (*)
Signature of consumer(s) (only for notification by paper copy)
(*) cross out items that do not apply.
§ 6 PRICES
All prices include value-added tax, shipping costs as well as any customs duties, and all other price components where applicable. We deliver free of charge via the German Post Office or another shipping service of our choice.
For customers living in the US: Please note that custom fee and duties are the customer’s responsibility.
§ 7 TERMS OF PAYMENT
7.1 Payment can be made by prepayment, credit card, PayPal or sofort banking. If you choose prepayment, we will tell you our bank connection when we confirm your order and will deliver the merchandise within 2 - 4 days after handing over the money transfer order to your credit institution. The invoiced amount is to be transferred to our account within 10 days. When paying by credit card, your account is debited when the order is made. When paying by PayPal or sofort banking, you will be guided directly from the ordering process to the payment pages of the online payment company, where you yourself carry out the transaction.
7.2 If you are a consumer, when the deadline for payment is exceeded, the sales price will be subject to a default interest rate of 5% above the base lending rate. If you are not a consumer, the default interest rate after exceeding the payment deadline is 8% above the base lending rate. We reserve the right to prove and require compensation for greater damages due to delayed payment.
§ 8 DELIVERY CONDITIONS
8.1 We deliver solely within Germany and to the following countries: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Qatar, Romania, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Saint-Martin, Sint Maarten, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States.
8.2 Unless otherwise stated in the offer, the merchandise will be shipped within a week after handing over the money transfer order to your credit institution.
§ 9 WARRANTY AND LIABILITY
The warranty is made in accordance with the legal stipulations.
§ 10 CUSTOMER SERVICE
If you have questions, complaints, or claims, please contact us. We can be reached by telephone (+49 35053 404 961) Monday to Friday from 9:00 to 18:00 or by email at firstname.lastname@example.org.
§ 11 NOMOS CHEQUES, COUPONS
11.1 NOMOS Cheques are coupons that can be redeemed in the NOMOS Store at http://www.nomos-glashuette.com, and at the NOMOS Kaufhaus located at Hauptstr. 12, 01768 Glashütte. You can use them for any items sold in the NOMOS Store or at the NOMOS Kaufhaus.
11.2 Each coupon has a code that must be provided at the time it is redeemed. Once the code has been used, the coupon has been redeemed and the code is no longer valid. Take care to keep the coupon and its code in a safe place and protected against unauthorized access. No replacement coupons are available in the event they are lost or redeemed by unauthorized third parties. Coupons are fully transferable to third parties.
11.3 Your NOMOS Watch Checks will be sent to you by mail to the address you have indicated.
11.4 Coupons are valid for 3 years from the end of the year in which the coupon was issued.
§ 12 APPLICABLE LAW, PLACE OF JURISDICTION, INFORMATION REGARDING THE LAW ON ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (VSBG)
12.1 German law applies, to the exclusion of the UN trade law. When in doubt in cases of dispute about the meaning and interpretation of the English version of these General Business Conditions, the German formulation shall be authoritative.
12.2 With customers who conclude the contract for a purpose that cannot be regarded as professional or commercial (consumers), this choice of legal system does not preempt the binding provisions of the law of the state in which the customer has his habitual residence.
12.3 For all disputes resulting from the contractual relationship, if the ordering party is a merchant, a juristic person under public law, or a special fund under public law, then the place of jurisdiction is 01768 Glashütte.
12.4 Please note that we are neither required nor prepared to make use of an alternative dispute procedure or arbitration.
§ 13 MISCELLANEOUS
13.1 The contract languages are German and English.
13.2 Should one or more provisions of the General Business Conditions be invalid, this shall have no effect on the remainder of the contract. Where the provisions are invalid, the content of the contract is ruled by the statutory provisions.
As of February 2017