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General terms and conditions
(These terms and conditions apply to EU-costumers!)
In the case of right to a name/domain conflicts or rather
dissuasions we ask you to avoid unnecessary actions and costs and to
contact you apron. The costs of a lawyer’s dissuasion without apron
contacting will be refused without reasons in terms of duty to avert,
minimise or mitigrate loss. Rightless dissuasions and or injunctive
relief declarations will be answered directly with a negative
affirmative action for a right.
§ 1 worth of deliveries, offers and sales effect exclusively on base of the following conditions
These
general terms and conditions are part of all contracts and are also
valid for all future business relations, even if the general terms and
conditions will not be agreed expressively. Contradictory general terms
and conditions or deviant versus confirmations will be only accepted,
if the company Montres Charmex SA expressively confirms this in writing.
§ 2 Offer, acceptance and contract
Written
and oral offers are without engagement and non-binding, even if they
are not marked as so. The offers of the company Montres Charmex SA in
the internet are after BGB as calling for contribution of an offer. A
buying contract between the customer and the company Montres Charmex SA
results only if the company Montres Charmex SA confirms the customer his
order in writing or by e-mail.
§ 3 term of acceptance, delayed acceptance and release of the customer
After.
§ 146 ff BGB the order of the inquirer expires if this order will be
refused or not accepted in time. The company Montres Charmex SA has to
confirm an offer of the customer within a period of seven days from
receipt of offer. If this period will not be kept by the company
Montres Charmex SA, a valid buying contract will not result and the
customer will be released of his binding claim. If the company
Montres Charmex SA confirms an order after the expiration of the period
mentioned before, there will not result a buying contract, because the
customer is released by the before expiration of the period. The
confirmation of order has to be understand as new order and can be
accepted or refused by the customer.
§ 4 Right of withdrawal on the part of the company Montres Charmex SA
The
company Montres Charmex SA reserves in principle the withdrawal from a
buying contract. This can be for example the case at delivery
bottlenecks or unforeseen problems in delivery.
§ 5 Prices and dispatch costs
All
oral or in writing released prices are non-binding. Errors and
short-term changes in prices are always reserved. All prices are as
stated in EURO. If there has not been agreed something else, the
company Montres Charmex SA dispatches the ordered goods within Germany
at a price of up to EURO 2.000,00 against a dispatch costs flat rate of
EURO 10,50 for postage, packing, dispatch and assurance per dispatch.
At a purchase price of over EURO 2.000,00 the dispatch cost flat rate
does not apply If there has not been agreed something else, the goods
are assured by the company Montres Charmex SA for a maximum of 500 Euro
per dispatch order. The company Montres Charmex SA reserves the right to
assured in special cases after information of the customer additionally
assurance costs for the dispatch. Several assurances with a value that
exceeds the above mentioned amount need a special agreement. The
additional charges for this exceeding assurance bears the orderer. In
case of deliveries outside from Germany, especially in countries
outside the EU the company Montres Charmex SA calculates depending of
destination a adequate dispatch cost flat rate. If there has not been
agreed something else the dispatch cost flat rate at dispatch in
countries of the EU are for postage, packing, dispatch and assurance
EURO 21,50 per dispatch order. In case of deliveries outside the EU
(USA/over seas) the dispatch cost flat rate will be agreed
individually. In this case the company Montres Charmex SA, will if there
has not been agreed something else assure the goods which has to be
dispatched up to a maximum of value of the buying price per dispatch
order, but reserves the right to claim after information of the
customer eventually occurring assurance costs for the dispatch of the
goods.
§ 6 Reconsignments
Reconsignments have to
be effected exclusively by parcel with special value (in amount of the
purchase price). In case of reconsignments the committal as well as the
trace of the consignment has to be possible.
§ 7 Delivery
All
binding delivery periods need an expressive written confirmation. Part
deliveries are acceptable. Delays in delivery or performance due to act
of God and due to events which make the delivery essential heavy or
impossible, for example strikes, breakdowns, official orders,
difficulties in materials procurement and other, even if they occur at
the dispatcher, the company Montres Charmex SA does not represent this
even in case of binding agreed periods and dates. The acceptance of the
ordered and delivered goods is an obligation of the buyer. If the buyer
refuses the acceptance or if he desist the acceptance, the buyer will
be in default of acceptance. After a new and also abortive try to
dispatch the company Montres Charmex SA reserves the right to claim 20 %
of the order value as compensation (subject to the proof of a
eventually occurring higher damage).
§ 8 Payment conditions
The
delivery of the goodes will be effected against transfer, payment by
check or cash. The choice of the payment mode effects after agreement
with the company Montres Charmex SA. Furthermore there can be agreed
after agreement with the company Montres Charmex SA also another mode of
payment (prepayment, bank confirmed check). The payment is basically
considered as made if the amount which has to be paid has been credited
irrevocable to the account of the company Montres Charmex SA. In case of
delay in payment of the customer the company Montres Charmex SA has the
right to claim interests in the amount of up to 5 % of the bankrate of
the the German Bundesbank or rather the leading note of the European
Central bank. The assertion of advanced damages caused by delay is
expressively reserved.
§ 9 Retention or charging
The
customer is only allowed for retention or charging of partial amounts
if a counterclaim should be counted up, considered legally or confirmed
in writing by the company Montres Charmex SA.
§ 10 Retention of title
The
company Montres Charmex SA reserves the property to their goods so long
until any claims of the company Montres Charmex SA against the customer
from the business relation including the future occurring claims and
also from in the same time or later closed contracts have been
completely settled. This is also valid if single or several claims of
the seller have been included in a current invoice and the balance has
been drawn and acknowledged.
§ 11 Warranty
Montres Charmex SA grants in frame of the legal regulations on all goods delivered by
them the freedom of material and manufacturing damages in case of
passing risk with the following measure: the customer is obliged to
examine all deliveries of Montres Charmex SA at receipt for correctness.
Short or false deliveries as well as evident damages have to be rebuked
by the customer. in writing within a period of 2 days after receipt of
the delivery. In this case the delivery has to be returned without
delay to Montres Charmex SA. Montres Charmex SA reserves the right for
triple amendment. If the amendment fails the customer has the right for
recission or annulment. Excepted from the warranty are damages caused
by the customer or another third party by improper handling. In the
case of claim, the customer is obliged to describe exactly the damage
to Montres Charmex SA. Removing marks, labels and other for the
identification necessary marks on the goods leads to loss of the claim
for warranty. Transport damages have to be advised immediately to the
transport leader.
§ 12 Copyright & Use charge
The
use of pictures has to be agreed in written form by us and there always
occur costs. This is also valid for use of a picture as draft for
charts, caricatures, mock battled pictures, for use for layout purposes
and customer presentations as well as for the use of picture details
which become part of a new picture by montages, fotocomposing,
electronical image carriers or similar technics. In case of any
rightless, without agreement of Montres Charmex SA, effected use,
playback or transfer of the pictures a fine in amount of the fivefold
use cost has to be paid to the “Mittelstandsgemeinschaft Foto Marketing
(MFM) for every single case, except further claims.
§ 13 Liability
This
website has been arranged very carefully. But nevertheless we cannot
take over any warranty for the correctness of the content information.
Any liability for damages, which occur directly or not directly from
using this website is excluded, if these damages do not rely on intent
or culpable negligence. If we refer from this website to internet pages
which are run by third party the Montres Charmex SA does not take over
responsibility for their contents.
§ 14 final regulations
If
one regulation in these general terms and conditions or a regulation in
the frame of any contractual agreement become ineffective, the
effectiveness of all other regulations and agreements stay
unaffected.The parties are already now obliged, to meet a regulation in
this case, which comes near to the original, legal and economical
point. These general terms and conditions are not valid for deliveries
outside of Germany! You will receive our general terms and conditions
for deliveries outside Germany on request.
All changes,
amendments, abolishments or deviant agreements in the general terms and
conditions need for their effectivity a written form. This is also
valid for the abandonment of the necessity of the written form Place of
delivery and legal venue is, if this could be legally acceptable
agreed, Basel. Basically the law of Switzerland is valid.
