Products: 0 | Sum: 0,00 EUR
General terms and conditions
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.
