These Terms and Conditions regulate the contractual relationship between watch.lu – Christian Ersfeld and customers of the Internet site watch.lu
Our business actions occur exclusively on account of these terms of business, until not expressly agreed otherwise in writing. Every change of the contract applied by the customers must be recognized in writing by watch.lu Christian Ersfeld.
At the latest with the acceptance of the product, the passing of an order, or the asking for a service, these conditions count as accepted. Herewith counter confirmations of the buyer with reference to his commercial terms or shopping terms are contradicted, provided that these are not confirmed expressly on our part in writing and are accepted by us.
Our offers are not binding and non-binding. The condition for a completion of the contract is that you order by post, fax or e-mail one of the offered watches or goods. To make the completion of the contract valid, it requires a written answer from watch.lu - Christian Ersfeld, usually within 3 working days. In this written confirmation, the price as well as the state of the watch as well as the details of dispatch are described again. With orders a written appointment assent and prize assent counts as a non-binding guideline for delay and the standard price, because unforeseen complications, like failure of means of transportation and energy, unpredictable non-appearance of deliveries of the pre-supplier, changes of the currency parities etc. can appear.
Our prices of the day of the delivery will be applied. The given price gets on in euro including the Luxembourgish value added tax of 15%. All prices are, provided that not differently given, plus packaging and transport.
Costs for the dispatch of the watch.
The watches are sent exclusively insured. The forwarding expenses are determined individually after the value and destination. Eventual duty costs are payable by the buyer. Self-collection is possible, according to the arrangement.
Dates of delivery count exclusively according to the written arrangement. They always get on excluding the transport duration. All deliveries occur on account and danger of the buyer. Delay occurs only after written warning through the customer. As appropriately counts an extension of 4 weeks. Delay of delivery does not occur in case of higher power, with turmoil, operational disturbance, strike, manufacturer's delay etc. In this case the customer must be informed. In case of a delay of more than 4 weeks the customer has the right to withdraw from the bill of sale. In case of the delay of delivery, compensation claims of the buyer are excluded, except in cases of intention and coarse carelessness.
If the customer does not collect the product by the agreed appointment, watch.lu - Christian Ersfeld can place an extension to the customer. After fruitless expiry of the extension, watch.lu - Christian Ersfeld is entitled to withdraw from the bill of sale and to require compensation because of non-fulfillment at the rate of up to 20% of the purchase price. If a higher damage can be proved, so this can be charged completely to the customer. If the product shouldn’t be available anymore by the manufacturer, watch.lu - Christian Ersfeld can cancel the contract.
The product remains up to entire payment incl. the forwarding expenses, the property of watch.lu - Christian Ersfeld. The dispatch or delivery occurs only after entire payment of the owed amount on our account or in cash.
With orders a deposit of 25% of the agreed sales price becomes due, if not differently agreed. The order occurs only after payment of the owed amount. In case of an order, the customer is obliged to accept the product, even in case of extended delivery time, which was not a fault of watch.lu - Christian Ersfeld.
After receive of the watch, the buyer has to examine it and to announce any externally recognizable damages from transportation, defects or wrong deliveries immediately to watch.lu - Christian Ersfeld. All delivered product is to examine on completeness. Any damages, divergences etc. are immediately to register, at the latest however, 3 days after entrance of the product, in writing by e-mail, fax or letter. If the buyer misses the timely notification, the product counts as unconditionally ok in quality and quantity. Externally not recognizable defects or damages are to be indicated within the scope of the legal guarantee terms within 12 months on receipt of the product in writing. The term begins with the goods takeover.
The product is to be kept in unchanged state and following the instructions of the seller. Guarantee can be only taken up if the delivered product was faulty by takeover. Guarantee is only assured if after presentation of a purchase bill from watch.lu - Christian Ersfeld with registered authoritative number and standard number, the authorization of the customers claims were demonstrated. If the buyer maintains the presentation of a mistake or the absence of an assured quality, so he has for it the burden of proof. Such mistakes, which were caused by an improper intervention of the customer or third in the product, are excluded from any guarantee. Furthermore, there is no guarantee on defects caused by disregard to the operating instructions or servicing instructions, as well as wear and improper treatment. In case that it should be ascertained, after examination, that no mistake is, the customer must carry the whole costs.
We won’t assume any guarantee on watches we sell on behalf of third.
Should a regulation be ineffective in these terms of business, this does not touch the effectiveness of the remaining regulations. Ineffective regulations are to be substituted with effective regulations so that they come as close as possible to the initial purpose.
Legal venue for all lawsuits from the contractual relationship is Luxembourg / town. Luxembourgish right counts to the contractual respect.