General terms and conditions of business
General Terms and Conditions and Customer Information
I. General Terms and Conditions
1. Basic provisions
(1)
The following terms and conditions apply to contracts,
which you conclude with us as the provider ( DUG Deutsche Uhrenmanufaktur Glashütte GmbH ) via the website www.dug-glashuette.com . Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly excluded.
(2)
A consumer within the meaning of the following provisions is any
A natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
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2. Conclusion of the contract
(1)
The subject of the contract is the sale of goods and/or
the provision of repair services.
(2)
By setting up the respective product on
On our website we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3)
The contract is concluded via the online shopping cart system as follows
came about:
The goods and/or repair services intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the
Navigation bar you can access the "Shopping Cart" and there
make changes at any time.
After clicking the "Checkout" or "Continue to
After clicking on "Order" (or similar term) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Klarna Sofortüberweisung, Shop Pay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy"/"buy now", "order with payment", "pay"/"pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4)
Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5)
The processing of orders and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided us with is correct, that receipt of the emails is technically guaranteed, and, in particular, that they are not blocked by spam filters.
is prevented.
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3. Individually designed goods
(1)
You provide us with the information required for the individual design of the
The necessary information, texts, or files will be made available via the online ordering system or by email immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
(2)
You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this regard. This also applies to the costs of any legal representation required in this regard.
(3)
We do not check the transmitted data for accuracy and therefore assume no liability for errors.
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4. Provision of services for repairs
(1)
To the extent that repair services are the subject of the contract, we are responsible for the repair work resulting from the service description. We will perform this personally or through third parties to the best of our knowledge and belief.
(2)
You are obliged to cooperate, in particular you have
to describe the defect in the product as comprehensively as possible and to make the defective product available.
(3)
You will bear the costs of sending the defective product to us.
(4)
Unless otherwise stated in the respective offer, the repair, including dispatch of the product, will be carried out within 5-7 days after receipt of the product to be repaired (but only after the date of your payment instruction if advance payment has been agreed).
(5)
If you exercise your right of termination according to Section 648 S. 1 BGB, we can charge 10% of the agreed remuneration as a flat rate
request if execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of termination only after the cancellation period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
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5. Special agreements on payment methods offered
(1)
Payment via Shopify Payments
We offer payment via Shopify Payments. The following payment methods are available within Shopify Payments:
- Credit card (Visa, MasterCard, American Express)
- Apple Pay
- Google Pay
- Klarna instant bank transfer
- Shop Pay
- giropay
- Other country-specific payment methods (where available)
(2)
Processing of payments
Payment is processed directly through Shopify Payments, a service provided by Shopify International Ltd. (Ireland), which cooperates with the relevant payment providers and banks. Your payment method will be charged upon completion of the order.
(3)
Data protection and credit check
As part of the payment processing, your payment data will be transmitted to Shopify Payments and the respective payment service providers. Shopify Payments reserves the right to conduct a credit check to approve certain payment methods. If the results of the credit check are negative, we reserve the right to offer you only limited payment options.
(4)
Payment terms
The exact payment terms and fees are visible during the ordering process and will be clearly displayed to you before completing your order.
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6. Right of retention, retention of title
(1)
You can only exercise a right of retention to the extent that it
the claims arise from the same contractual relationship.
(2)
The goods remain the property of the seller until full payment of the
purchase price our property.
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7. Warranty
(1)
The statutory liability for defects applies.
(2)
As a consumer, you are asked to check the goods upon delivery
You must immediately check the shipment for completeness, obvious defects, and transport damage, and report any complaints to us and the carrier as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3)
To the extent that a characteristic of the goods deviates from the objective requirements
deviates, the deviation shall only be deemed to have been agreed if you were informed of it by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties
became.
8. Voluntary manufacturer's warranty
(1)
In addition to the statutory warranty rights, we provide a voluntary manufacturer's warranty of 3 years from the date of purchase.
(2)
The warranty covers material and manufacturing defects. The following are excluded from the warranty:
- Damage caused by improper handling or external influences (e.g. water, impacts).
- Normal wear and tear (e.g. wear on the leather straps or scratches on the case/glass).
(3)
Warranty claims can only be made upon presentation of the proof of purchase.
(4)
Warranty claims will be fulfilled at our discretion by repair, replacement or refund of the purchase price.
(5)
The guarantee is in addition to the statutory warranty claims and does not limit them.
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9. Choice of law, place of performance, place of jurisdiction, dispute settlement procedure
(1)
German law applies. For consumers, this
Choice of law only to the extent that this does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).
(2)
The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another legal place of jurisdiction remains unaffected.
(3)
The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(4)
We do not participate in dispute resolution proceedings before a consumer arbitration board.
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II. Customer information
1. Identity of the seller
DUG German Watch Manufactory Glashütte GmbH
Feldstr. 2
01768 Glashütte
Germany
Email: info@dug-glashuette.com
Telephone: +49 (0) 35053 / 321 39 55
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations
"Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
(1)
The contract language is German.
(2)
We do not save the complete contract text. Before submitting the order via the online shopping cart system,
the contract data is printed using the browser’s print function or
secured electronically. Once we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
(1)
The prices stated in the respective offers as well as the
Shipping costs represent total prices. They include all price components, including all applicable taxes.
(2)
Shipping costs are not included in the purchase price. They can be paid via a correspondingly labelled button on our website.
Internet presence or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been promised.
(3)
If the delivery is made to countries outside the European
Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or
Exchange rate fees charged by credit institutions), which you are responsible for.
6. Delivery conditions
(1)
The delivery conditions, the delivery date and, if applicable,
Existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective
Offer.
(2)
If you are a consumer, it is legally regulated that
The risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by us or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in
our General Terms and Conditions (Part I).
8. Termination
Information on termination of the contract and the
Termination conditions can be found in the regulations for
"Repair Services" in our General Terms and Conditions
(Part I) and in the respective offer.