The general terms and conditions regulate the contractual relationship between Mark Schmidt and the natural and legal persons who use Mark Schmidt’s teleservices, hereinafter referred to as customers. The general terms and conditions concern the use of the website www.brevetwatches.de/en. They also apply if you do not use Mark Schmidt via the Internet. The following General Terms and Conditions are the content of every contract that is concluded between the customer and Mark Schmidt on the basis of an order.
General terms and conditions
Our deliveries, services, offers and other legal transactions are made exclusively on the basis of these terms and conditions. Conflicting terms and conditions shall only be accepted if they have been expressly agreed in writing. These terms and conditions shall also apply to future subsequent transactions, even if they are not explicitly referred to again. Additional agreements as well as changes and additions to the contract require the written confirmation of Mark Schmidt. The rights arising from the contractual relationship are not transferable without the consent of Mark Schmidt. At the latest with the acceptance of the commodity or achievement these conditions are considered as accepted. Counter-confirmations of the buyer with reference to his business or purchase conditions are hereby contradicted, provided that these are not expressly confirmed and accepted by us in writing. Our sales employees are not authorized to make verbal side agreements or to give verbal promises that go beyond the content of the written contract.
Obligations of offers and conclusion of contract
Our offers are subject to change and non-binding. For the conclusion of a contract between you and Mark Schmidt it is a prerequisite that you order one of the offered watches or goods by post, fax or e-mail. Confirmations of acceptance require our written confirmation to be legally effective, which will be sent to you no later than three working days after receipt of your order. In this confirmation, Mark Schmidt also confirms the essential features of the watch, such as designation, description, possible signs of use, etc. by post, fax or e-mail. The same applies to additions, modifications or additional agreements. Subject to prior sale. We offer the goods in accordance with the current state of the art and reserve the right to make changes to the products and the scope of delivery by the manufacturer or supplier. The information given in price lists, catalogues, electronic media and offers is not binding. In the case of orders, a written date and price promise shall be regarded as a non-binding target date and price, since unforeseen complications such as loss of means of transport and energy, unforeseeable failure to deliver on the part of the supplier, changes in currency parities etc. may occur.
Prices and Shipping
Our prices on the day of delivery apply. The indicated price is in Euro including the German value added tax according to §25A UstG difference taxed. Unless otherwise stated, we adhere to the valid price list or price file. Unless otherwise stated, all prices are exclusive of packaging and transport. Costs for the dispatch of the watch within the Federal Republic of Germany amount to 35.00 Euro for watches up to a value of 2,500.00 Euro and 80 Euro for watches up to a value of 12,500.00 Euro and are to be paid additionally. The introduction of customs duties, import and export fees or other charges on the delivery of the contractual object entitle Mark Schmidt to a price adjustment. All deliveries are subject to cash on delivery or prepayment. The dispatch takes place by the Intex parcel service or Fedex and is insured. If the value of the goods exceeds 25.000 Euro or if they are dispatched to a destination outside the Federal Republic of Germany, Mark Schmidt will individually agree with you on the type of dispatch, the insurance and the costs.
You have an unrestricted right of return regarding the received goods within a period of 14 days from receipt of the goods from Mark Schmidt. This unrestricted right of return takes the place of a right of withdrawal. To exercise the right of return, you must return the received goods unchanged to Mark Schmidt. You do not have to give a reason. To comply with the deadline is necessary, but also sufficient if the goods are sent in time to Mark Schmidt.
Delivery and acceptance obligation
Delivery dates must be in writing. Agreed delivery periods shall not commence until all details of execution have been fully clarified and require the Buyer to fulfil all other obligations to cooperate. They are always to be understood exclusively as the duration of transport. All deliveries are made at the expense and risk of the purchaser. In any case Mark Schmidt will only be in default with his obligations after a written reminder. A grace period of 4 weeks shall be deemed to have been agreed as reasonable. Delay in delivery shall not occur in the event of force majeure, riot, disruption of operations, strike, manufacturer’s delay, etc. Mark Schmidt has to prove the necessary care. In the case of delivery contracts, each partial delivery shall be deemed an independent service and may also be invoiced as such. In the event of delay by Mark Schmidt of more than one month, the customer may withdraw from the contract after a period of grace set in writing and a threat of refusal. In case of a delay in delivery, claims for damages of the buyer are excluded, except in cases of intent and gross negligence. If the customer does not accept the goods on the agreed date, Mark Schmidt can set the customer a reasonable grace period. After unsuccessful expiration of the grace period, Mark Schmidt is entitled to withdraw from the purchase contract or to claim damages for non-performance of up to 20% of the purchase price. The compensation is higher or lower, if Mark Schmidt proves a higher, or the customer a lower damage.
Terms of payment
All deliveries and services are to be transferred immediately after confirmation of your order or deposited in cash at Mark Schmidt. After confirmation, the invoice will also be issued. The dispatch of the clock takes place only after entrance of your payment on our account. The goods ordered remain the property of Mark Schmidt until they have been paid for in full. Partial deliveries can be invoiced separately. An exercise of rights of retention and the set-off with any counterclaims is excluded, unless they are expressly recognized by Mark Schmidt as justified and due or legally established. If the term of payment is exceeded, Mark Schmidt is entitled from the due date to demand interest at a rate of 5% above the respective interest rate of the Discount Rate Transition Act which replaces the discount rate, but at least the rate of 8%. Any further rights remain unaffected. If the buyer is in arrears with the payment of an invoice or if his financial circumstances have deteriorated significantly after conclusion of the contract, all his liabilities to the seller become due immediately.
Transfer of risk and insurance
Upon collection, the risk shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person commissioned with the execution. In the case of shipment, the risk of payment and performance shall also pass to the customer upon delivery of the goods to the carrier. The risk transfer rule is not affected by the following special regulations. We take out insurance for all risks for transport and handling services, including the risk of loss in accordance with SVS/RVS, when the goods are dispatched into the contracts with the forwarding agent. Up to the limit of cover of the aforementioned insurance, we indemnify the buyer for all damages and losses during transport. It is agreed that all claims from the insurance are exclusively due to Mark Schmidt. However, the prerequisite for indemnification is that we are notified of any damage or loss in writing within 3 working days, presenting the delivery documents, otherwise this right shall lapse.
Retention of title
We claim extended property rights according to § 455 BGB. The delivered goods shall remain our property until all claims (including all balance claims) have been satisfied. The purchaser undertakes to treat the goods with care until the transfer of ownership. The purchaser is entitled to resell the goods in the ordinary course of business. The buyer is entitled to collect these claims. The right to resell and collect can be revoked by Mark Schmidt if the buyer does not properly fulfil his contractual obligations towards Mark Schmidt and has not yet fulfilled his obligations according to § 402, 403 BGB. The buyer’s claims against his customer take the place of the sold goods. Pledges or other assignments as security are not permitted. Mark Schmidt must be informed immediately if the goods are seized, damaged or lost; as well as in the event of relocation of the buyer’s business premises. If the buyer violates the aforementioned obligations, Mark Schmidt can declare withdrawal from the contract. As long as his claim is still unpaid, we are entitled to demand information from the buyer at any time as to which goods are still in the buyer’s possession, where they are located and to which customers the remaining goods delivered by us have been sold in terms of quantity, value, number, etc. The buyer shall be entitled to withdraw from the contract if the buyer’s claim is still unpaid. In the event of default in payment, Mark Schmidt may demand the return of the goods without withdrawing from the contract. Mark Schmidt reserves the right to assert further statutory claims due to delayed payment.
The purchaser must inspect the watch immediately upon receipt and note any externally recognisable transport damage, defects or incorrect deliveries on the shipping documents and report them immediately to Mark Schmidt. All delivered goods must be inspected for completeness, also with regard to individual components of the watch. Any deviations, defects and damage must be reported immediately in writing, but no later than 3 days after receipt of the goods, and any quantity deviations must be reported in writing no later than 1 working day after receipt. If the Buyer fails to make a timely complaint, the goods shall be deemed unconditionally approved in terms of quality and quantity. Defects or damage that are not externally visible must be reported in writing within the statutory warranty periods within 12 months of receipt of the goods. The period begins on the day of the transfer of risk. The object complained of must be stored unchanged; further instructions must be obtained from the seller. The prerequisite for a warranty claim is that the delivered item was defective at the time of the transfer of risk, which eliminates or reduces the value or suitability for normal use or use as provided for in the contract. The customer is obliged to present a purchase invoice with a registered reference and serial number to demonstrate the justification of his claims. If the buyer claims the existence of a defect or the absence of a warranted characteristic, he has the burden of proof. From any warranty such defects are excluded, which were caused by an improper intervention of the customer or third at the commodity. Furthermore, defects caused by non-compliance with operating or maintenance instructions as well as wear and tear and improper handling are excluded. Mark Schmidt accepts no liability and reimbursement of costs in the event of damage being repaired by third parties at the purchaser’s instigation. If, after the inspection of the goods sent in, it is established that there was no defect, the sender is obliged to bear the inspection and shipping costs. Warranty claims against Mark Schmidt are only due to the direct buyer and are not transferable.
Mark Schmidt shall only be liable for claims for damages arising from positive breach of contract, tort, organisational fault, culpa in contrahendo if he or his vicarious agents are guilty of gross negligence or intent. We are not liable for indirect damages, consequential damages and loss of profit. Mark Schmidt’s liability is limited to the contribution margin of the business liability insurance. Information on the amount of cover will be provided upon request.
Should a provision in these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by effective provisions in such a way that they come as close as possible to the intended purpose.
Place of jurisdiction and applicable law
The sole place of jurisdiction – insofar as the purchaser is a fully qualified merchant and the contract is part of his commercial business – shall be Düsseldorf/Germany. The place of jurisdiction for all legal disputes arising from the contractual relationship is Düsseldorf, Germany.