Terms of service
§ 1 Scope and Definitions
(1) Aigner and Fuchs Watches GbR, Hoffeldweg 16, 94036 Passau, Germany (hereinafter referred to as “we” or “Aigner & Fuchs”), operates an online store for goods at 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 expressly agreed otherwise.
(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 outside their trade, business, or profession. An “entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade or independent professional activity when entering into a legal transaction.
§ 2 Formation of Contract and Storage of the Contract Text
(1) The following regulations apply to orders placed through our online store at https://aigner-fuchs.com.
(2) Our product presentations on the internet are non-binding and do not constitute a legally binding offer to conclude a contract.
(3) When placing an order in our online store, the following process applies:
The customer makes a binding offer to conclude a contract by successfully completing the order process provided in our online store. The order process involves the following steps:
- Selecting the desired product,
- Adding products by clicking the corresponding button (e.g. “Add to Cart” or similar),
- Reviewing the details in the shopping cart,
- Opening the order overview by clicking the corresponding button (e.g. “Proceed to Checkout”, “Continue to Payment”),
- Entering/reviewing address and contact details, selecting payment method, confirming the Terms & Conditions and withdrawal policy,
- If the agreed condition of the goods deviates from the usual condition or usage requirements, confirming such a deviation (“negative quality agreement”),
- Completing the order by clicking the button “Buy Now.” This constitutes your binding order.
The contract is concluded when we send you an order confirmation to the email address you provided within three business days.
(4) The contract is concluded with Aigner and Fuchs Watches GbR, Hoffeldweg 16, 94036 Passau, Germany.
(5) Before placing the order, the contract data can be printed or electronically saved using the browser’s print function. After the order has been placed, all relevant information, including order details, Terms & Conditions, and withdrawal policy, will be sent to you via email, in part automatically. We do not store the contract text after the contract is concluded.
(6) Input errors can be corrected using standard keyboard, mouse, or 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 procedure.
(7) Order processing and all necessary information transmission related to the contract are handled by email, partly automatically. You must therefore ensure that the email address you provide is correct and that receipt of our emails is technically ensured and not blocked by spam filters.
§ 3 Subject Matter of the Contract and Essential Product Features
(1) The subject matter of the contract 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 respective product descriptions. If the agreed quality of the goods deviates from the usual condition or intended use, this will be expressly indicated in the product description (“negative quality agreement”). Once the customer expressly consents to this deviation, it becomes part of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) All prices listed in the respective offers include all price components, including applicable taxes.
(2) The purchase price must be paid in advance (prepayment) unless we expressly offer payment by invoice. The available payment methods are displayed in the online store or the respective offer. Unless otherwise stated, payment is due immediately.
(3) In addition to the listed prices, shipping costs may apply unless the item is marked as “free shipping.” Shipping costs are clearly displayed on the product pages, in the cart, and on the order overview before completion.
(4) All products offered are, unless otherwise stated in the product description, ready for shipment immediately (delivery time: 3 to 4 days after receipt of payment).
(5) 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 arises from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal in accordance with our Withdrawal Policy.
§ 7 Liability
(1) Except as provided below, our liability for breaches of contractual obligations or tortious acts is limited to intent or gross negligence.
(2) We are liable for slight negligence only in cases involving injury to life, body, or health, or the breach of an essential contractual obligation. If we are in default due to slight negligence, if performance has become impossible, or if an essential contractual obligation is breached, liability is limited to the foreseeable, typical damage. Essential contractual obligations are those that enable the proper execution of the contract and on whose observance you regularly rely. This includes, in particular, our obligation to deliver the agreed goods 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 goods is 12 months.
(3) Consumers are requested to check the goods or services upon delivery for completeness, obvious defects, or transport damage, and to report any complaints to us and the carrier as soon as possible. Failure to do so will not affect your statutory warranty rights.
§ 10 Final Provisions / Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of protection provided by mandatory provisions of the law of their country of residence.
(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, 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 registered office of the provider.