General Terms and Conditions
§ 1 Scope, Definitions
(1) Aigner und Fuchs Watches GbR, Hoffeldweg 16, 94036 Passau, Germany (hereinafter referred to as „we“ or „Aigner & Fuchs“), operates an online shop for goods on the website https://aigner-fuchs.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as „customer“ or „you“) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) A „consumer“ within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An „entrepreneur“ is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity. A legal partnership is a partnership that has the capacity to acquire rights and incur obligations.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following provisions on contract conclusion apply to orders placed via our online shop at https://aigner-fuchs.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is placed in our online shop, the following rules apply: The customer submits a binding contract offer by successfully completing the order process in our online shop. The order process includes the following steps:
- Selection of the desired product,
- Adding products by clicking the appropriate button (e.g., „Add to cart“, „Add to shopping bag“, etc.),
- Reviewing the details in the shopping cart,
- Accessing the order overview by clicking the appropriate button (e.g., „Proceed to checkout“, „Proceed to payment“, „Order summary“, etc.),
- Entering/reviewing address and contact details, selecting the payment method, confirming the general terms and conditions (GTC) and the cancellation policy,
- If the agreed product specifications deviate from the usual specifications and usage requirements, confirming a negative specification agreement,
- Completing the order by clicking the „Buy now“ button, which constitutes a binding order.
The contract is concluded when we send an order confirmation to the provided email address within three business days.
(4) In the event of contract conclusion, the contract is concluded with Aigner und Fuchs Watches GbR, Hoffeldweg 16, 94036 Passau, Germany.
(5) Before placing the order, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and transmission of all necessary contract-related information, particularly order details, the GTC, and the cancellation policy, occur via email after you place the order, in some cases automatically. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., „back button“ of the browser). The process can also be corrected by canceling the order, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all contract-related information are carried out via email, partly automatically. Therefore, you must ensure that the email address provided by you is correct, that receipt of emails is technically ensured, and that emails are not blocked by spam filters.
§ 3 Subject of the Contract and Essential Product Features
(1) The subject of the contract in our online shop is:
The sale of goods. The specific products offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the product description. If the agreed product specification deviates from the usual specifications and usage requirements, this will be explicitly stated in the product description (negative specification agreement). If the customer explicitly agrees to the negative specification deviation, this defines the contract subject.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid before the product is delivered (prepayment), unless we explicitly offer payment on account. The available payment methods are displayed in the online shop under a correspondingly labeled button or in the respective offer. Unless otherwise stated for individual payment methods, payment claims are due immediately.
(3) In addition to the stated product prices, shipping costs may apply unless the respective item is marked as shipping-free. The shipping costs are clearly communicated to you in the offers, in the shopping cart system, and on the order summary.
(4) All offered products are ready for shipment immediately unless otherwise clearly stated in the product description (Delivery time: 3 to 4 days after receipt of payment).
(5) The following delivery restrictions apply: Delivery is available to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Austria.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches and tort is limited to intent or gross negligence.
(2) In cases of slight negligence, we are liable for damages resulting from injury to life, body, or health or in case of a breach of essential contractual obligations without limitation. If we are in delay due to slight negligence, if performance becomes impossible, or if we breach an essential contractual obligation, our liability for property and financial damages caused thereby is limited to foreseeable, contract-typical damages. An essential contractual obligation is one that enables the proper execution of the contract in the first place, whose violation endangers the contract’s purpose, and whose compliance you may regularly rely on. This includes, in particular, our obligation to act and to fulfill the contractually owed performance as described in § 3.
§ 8 Contract Language
The contract language is exclusively German.
§ 9 Warranty
(1) Warranty is governed by statutory provisions.
(2) For entrepreneurs, the warranty period for delivered items is 12 months.
(3) As a consumer, you are requested to check the goods/digital goods or the provided service for completeness, obvious defects, and transport damage upon contract fulfillment and to report complaints as soon as possible to us and the shipping carrier. Failure to do so does not affect your statutory warranty claims.
§ 10 Final Provisions / Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.