Standard business terms
1. Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Robert Herr Cuckoo clocks, Christophe Herr) via the www.cuckooclock.eu website.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
2.Contract partner and subject matter
(1) The sales contract is concluded with Christophe Herr, company Robert Herr Kuckucksuhren, Triberger Strasse 38, 78136 Schonach in the Black Forest (Germany)
You can contact us for questions, complaints and objections by phone +49 7722 5274 as well as by e-mail at firstname.lastname@example.org.
(2) The subject-matter of the contract is the selling of products.
3. Conclusion of contract
(1) The presentation of the products in the online store is not a legally binding offer, but an invitation to order. All offers are valid "while stocks last". Errors excepted. Due to handcrafr, the photo may differ slightly in appearance from the actual product.
(2) The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal, Apple Pay) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(3) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
(1) Please refer to our separate cancellation policy.
(2)Return costs and payment fees when exercising the right of revocation:
If you make use of your legal right of revocation, you have to bear the costs of the return shipment and the payment fees.
(3) Please note that the return must be made in the original packaging material.
5. Prices, shipping costs and customs duties
(1) The prices mentioned on the product pages represent total prices. They include all the price components, including all the incidental taxes.
(2) In addition to the indicated prices we charge shipping costs, which are calculated and displayed in the shopping cart.The shipping costs depend on the destination country, the total weight of the shipment and the selected shipping method. The packages are insured up to a value of 500 €. In case of loss of the parcel, we will refund 500 €. If a higher insurance is desired, you can contact us and increase the insurance value for an additional charge.
(3) In case of shipping damage, the buyer is obliged to immediately report the damage to the shipping service provider and to us.
(4) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
The delivery is carried out worldwide with the logistics service provider DHL.
(1)The payment can be made by advance payment, credit card, PayPal or Apple Pay.
(2) If you choose the payment method prepayment we will give you our bank details. You transfer the invoice amount without deduction. The goods will be shipped immediately upon receipt of payment and availability.
(3) If you choose the payment method credit card, your credit card will be charged upon acceptance of the order. The goods will be shipped immediately upon availability.
(4) If you choose the payment method PayPal and successful payment, the goods will be shipped immediately upon availability.
(5) Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
8. Right of reservation
The goods remain our property until the purchase price is paid in full.
9. Choice of law, place of fulfilment, jurisdiction and contract language
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The parties hereby expressly agree on jurisdiction of the commercial court of Amtsgericht Villingen-Schwenningen, Germany
(3)Contract language shall be German.
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of two years after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
(1) Once you have found the desired product, you can place it in the shopping cart without obligation by clicking the button Add to cart. You can view the contents of the shopping cart at any time without obligation by clicking the button Shopping Cart. You can remove the products from the shopping cart at any time by setting the quantity field to 0 and clicking on the Apply button. If you want to buy the products in the shopping cart, click the Order link. Please enter your data on the following page. The mandatory fields are marked with a *. A registration is not required. Your data will be transmitted encrypted. After entering your data, please check your entries again. By clicking the button Send order you complete the order process.
(2) If you pay by credit card, a page for entering your credit card number and expiration date will be opened. The process can be aborted at any time by closing the browser window. On the individual pages you will receive further information, e.g. about correction possibilities.
Text of the contract
The text of the contract is stored on our internal systems. You can view the general terms and conditions at any time on this page.