GTCS

1.1 LUXUS UHREN FREIBURG GmbH, represented by its authorized representative Johannes Erley, Kaiser-Joseph-Str. 194, 79098 Freiburg, Germany, offers customers, among other things, high-quality used and new (unworn) watches for sale on the URL www.luxus-uhren-freiburg.de.

1.2 The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between LUXUS UHREN FREIBURG GmbH and the customer. LUXUS UHREN FREIBURG GmbH does not recognize general terms and conditions of the customer that deviate in whole or in part from these terms and conditions, unless

2.1 All offers of LUXUS UHREN FREIBURG GmbH are subject to change and non-binding and are to be understood as an invitation to submit an offer.

2.2 The customer's inquiry represents an offer to LUXUS UHREN FREIBURG GmbH to conclude a purchase contract. In the case of clock inquiries in the advertisement a non-binding order is made, only by the manual creation of an invoice it becomes a binding order. The contract is concluded only with the express declaration of acceptance by LUXUS UHREN FREIBURG GmbH. The acceptance is subject to the availability of the goods.

2.3 If LUXUS UHREN FREIBURG GmbH determines during the processing of the order that the ordered goods are no longer available, the customer will be informed by email. LUXUS UHREN FREIBURG GmbH operates a retail store in Freiburg and points out to the customer in this context that simultaneous purchase requests on site will be treated preferentially.

2.4 The acceptance of the customer's order is made by LUXUS UHREN FREIBURG GmbH by email. In this email you will find the invoice with details of the order and the payment agreement. The order confirmation represents the acceptance of the offer and thus the conclusion of the purchase contract. The content of the purchase contract is based on the content of the order confirmation and these General Terms of Use.

3.1 All prices are final prices in Euro plus the current shipping costs, which are available at https:// www.luxus-uhren-freiburg.de/shop. LUXUS UHREN FREIBURG GmbH points out that the sale of the contractual used goods is subject to differential taxation according to § 25 a UStG and no VAT is due. In the invoice the tax is not shown separately.

3.2 LUXUS UHREN FREIBURG GmbH accepts only payment in advance.

3.3 The dispatch of the ordered goods takes place only after full payment of the purchase price and payment of the shipping costs by the customer.

3.4 LUXUS UHREN FREIBURG GmbH invoices the customer in the order confirmation the purchase price including the shipping costs (see 5.3.) as total price. Upon receipt of this email (invoice) the total price is due.

3.5 The customer is entitled to pay the total price immediately after receipt of the invoice in full to LUXUS UHREN FREIBURG GmbH.

3.6 The customer is obliged to pay 30% of the total price to LUXUS UHREN FREIBURG GmbH within seven days after receipt of the order confirmation. The receipt of payment on the account of LUXUS UHREN FREIBURG GmbH (IBAN: DE22 6805 0101 0014 0648 43, BIC: FRSPDE66XXX) is decisive to meet the deadline. If no receipt of payment in the amount of 30% of the total price can be booked within 14 days after receipt of the order confirmation by LUXUS UHREN FREIBURG GmbH, the customer is automatically in default of payment without further explanations or reminders by LUXUS UHREN FREIBURG GmbH being necessary.

3.7 After a payment according to 3.6, the customer is obliged to pay the remaining amount of 70% of the total price to LUXUS UHREN FREIBURG GmbH within one month after receipt of the order confirmation. The receipt of payment on the account of LUXUS UHREN FREIBURG GmbH is decisive for the observance of the deadline. If no receipt of payment of this amount can be booked on the account of LUXUS UHREN FREIBURGGmbH within two months after receipt of the order confirmation, the customer is automatically in default of payment without further explanations or reminders of LUXUS UHREN FREIBURG GmbH being necessary.

4.1 If the customer does not fulfill his payment obligations within the period mentioned in 3.6. or 3.7. under the conditions mentioned there, LUXUS UHREN FREIBURG GmbH is entitled to withdraw from the contract without prior setting of a deadline. Partial payments made by the customer until then will be returned to the customer within 30 days.

4.2 The declaration of withdrawal by LUXUS UHREN FREIBURG GmbH is made in writing by email.

5.1 LUXUS UHREN FREIBURG GmbH delivers the goods immediately after receipt of payment by shipment from stock to the delivery address provided by the customer. It is pointed out that the delivery service commissioned by LUXUS UHREN FREIBURG can only ship to the delivery address provided by the customer for insurance reasons.

5.2 The dispatch takes place for security reasons only on weekdays between Monday and Friday.

5.3 The shipping costs are usually borne by the customer unless otherwise stated. For shipments of watches with a value of more than Euro 25.000,- or for addresses outside the EU, LUXUS UHREN FREIBURG GmbH will make an individual offer.

5.4 If the customer so wishes, the goods can also be picked up at the place of business of LUXUS UHREN FREIBURG GmbH during business hours or at an agreed time.

5.5 The shipment is exclusively insured and properly and carefully packed. LUXUS UHREN FREIBURG GmbH sends the ordered goods with the company DHL EXPRESS, but is also entitled to choose another suitable shipping company.

5.6 If the customer is a consumer in the sense of § 13 BGB (German Civil Code), the risk is transferred to the customer with the handover of the goods, i.e. LUXUS UHREN FREIBURG GmbH bears the shipping risk. The handover is equal if the customer is in default with the acceptance of the goods. If the customer is an entrepreneur in the sense of § 14 BGB, the risk passes with the handover of the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment.

Transport damages are to be reported immediately to the carrier. In case of complaints, the customer is obliged to describe the defect exactly and to notify LUXUS UHREN FREIBURG GmbH in writing within 3 days after receipt of the shipment.

If the customer is a consumer, he has a right of withdrawal.

Cancellation policy

Right of cancellation
‍
You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us

LUXUS UHREN FREIBURG GmbH
Kaiser-Joseph-Str. 194
79098 Freiburg i. Br.
Germany
Phone: +49 (0)761 / 76 993 993
E-mail: info@luxus-uhren-freiburg.de

by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of rev ocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

8.1 Liability for defects in used goods is excluded vis-à-vis entrepreneurs as purchasers.

8.2 With respect to consumers as purchasers, the claim for damages due to a defect is excluded. The other warranty rights shall become statute-barred within one year in the case of used items.

8.3 Excluded from the liability for defects are the accuracy, the waterproofness, the wear of the band and ordinary wear and tear (scratches on band / case) of the used item, unless it results from the article description of LUXUS UHREN FREIBURG GmbH something else.

8.4 LUXUS UHREN FREIBURG GmbH is not liable for defects caused by improper handling of the item by the buyer or third parties, this also applies to ordinary wear and tear.

8.5 Removal of markings, stickers and other markings of the goods required for identification shall result in the loss of the claim to liability for defects of any kind.

8.6 Liability for defects shall expire at the time when the customer or a third party attempts to repair the item independently.

8.7 Any exclusions of liability shall not apply to intentional or grossly negligent conduct of the Seller and its vicarious agents, not in the event of injury to life, limb and health of the Customer, not in the event of culpable breach of contractual obligations by the Seller and its vicarious agents and not with regard to warranted characteristics. However, the compensation for the violation of essential contractual obligations is limited to the contract-typical foreseeable damage.

LUXUS UHREN FREIBURG GmbH does not assume any procurement risk and is entitled to withdraw from the contract if LUXUS UHREN FREIBURG GmbH does not receive the contractually promised goods from the supplier or manufacturer through no fault of its own (intent or negligence) despite a prior conclusion of a purchase contract. 

10.1 The customer can only offset with counterclaims insofar as these are undisputed by LUXUS UHREN FREIBURG GmbH or have been legally established.

10.2 The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

11.1 LUXUS UHREN FREIBURG GmbH also offers to take watches on commission and to sell them as commission agent on behalf of the principal (principal), who remains the owner of the watch.

11.2 The watch will be taken on commission after a detailed examination by LUXUS UHREN FREIBURG GmbH after consultation with the principal about the selling price to be achieved. The principal receives a commission document, in which the price is specified, which he receives with successful execution of the commission business.

11.3 LUXUS UHREN FREIBURG GmbH notifies the principal promptly about the execution of the commission (execution notice).

11.4 The payment of the commission amount to the principal takes place in principle after expiration of the revocation period to which the buyer is entitled.

11.5 However, LUXUS UHREN FREIBURG GmbH reserves the right in technically complicated cases, such as perpetual calendar, minute repeater, tourbillon, rattrapante, drag hand chronographs, self-beaters, moon phase watches and the like, to make the payment of the commission amount to the principal only after the expiration of a maximum period of 12 weeks, in order to offset the amount, if necessary, with those expenses that arise within this period from claims of the buyer under point 8 of these terms and conditions. After expiration of this period, LUXUS UHREN FREIBURG GmbH waives as a gesture of goodwill the assertion of reimbursement of expenses against the principal.

12.1 In fulfillment of the due diligence obligations of LUXUS UHREN FREIBURG GmbH under the Money Laundering Act, cash withdrawals and cash receipts in excess of EUR 10,000.00 will only be made after prior identification of the customer. In this regard, we refer to our data protection declaration.

12.2 If the customer is a natural person, identification shall be based on the presentation of an officially valid photo ID (ID card or passport).

12.3 If the customer is a legal entity, LUXUS UHREN FREIBURG GmbH requires the excerpt from the commercial or cooperative register or a comparable official register or directory, the founding documents or equivalent evidentiary documents or the inspection of the register or directory data.

12.4 LUXUS UHREN FREIBURG GmbH is legally obligated to copy or digitally store the submitted documents and to keep them in accordance with the regulations of §§ 8 para. 1 p. 1 no. 1a, para. 2 p. 2, para. 4, 10 para. 3 Money Laundering Act.

13.1 LUXUS UHREN FREIBURG GmbH furthermore reserves the right to carry out a prior identification of the customer if there is a legitimate interest. We refer in this regard to our privacy policy.

13.2 A legitimate interest in the identification of the customer exists in particular if LUXUS UHREN FREIBURG GmbH was informed of deviating contact data of the customer and the identity of the customer requires clarification. This legitimate interest of LUXUS UHREN FREIBURG GmbH is justified against the background of the criminal law regulations of §§ 257 ff. StGB (in particular receiving stolen goods, money laundering and fraud) and claims under liability law.

13.3 If the Customer is a natural person, identification shall be based on the presentation of an officially valid photo ID (identity card or passport).

13.4 If the customer is a legal entity, LUXUS UHREN FREIBURG GmbH requires the excerpt from the commercial or cooperative register or a comparable official register or directory, the founding documents or equivalent evidentiary documents or the inspection of the register or directory data.

13.5 LUXUS UHREN FREIBURG GmbH keeps the personal data in accordance with the statute of limitations of § 78 para. 3 no. 4 StGB for five years.

LUXUS UHREN FREIBURG GmbH observes the rules of the Data Protection Act and expressly refers to our privacy policy available at https://www.luxus-uhren-freiburg.de/datenschutz. Personal data is only collected to the extent technically necessary, such as for contract processing. In no case will the collected data be sold or otherwise disclosed to third parties - unless it is essential for the execution of the contract. The LUXUS UHREN FREIBURG GmbH collects, processes and uses personal data of a user without further consent only to the extent necessary for the performance of the contract and for billing purposes. LUXUS UHREN FREIBURG GmbH gives the customer on request information about the personal data stored about him. The information is provided in text form (letter or email). 

15.1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2 If the customer is a merchant, a legal entity under public law, a special fund under public law in Germany without place of jurisdiction, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.