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.