Terms of service
§ 1 Scope, Definitions
(1) Aigner und Fuchs Watches GbR, Hoffeldweg 16, 94036 Passau, Germany (hereinafter: “we”, “us” or “Aigner & Fuchs”) operates an online shop for goods at https://aigner-fuchs.com.
The following General Terms and Conditions apply to all services and transactions between us and our customers (hereinafter: “Customer” or “you”) in the version applicable at the time of the order, unless expressly agreed otherwise.
(2) “Consumer” within the meaning of these General Terms and Conditions means any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.
“Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following provisions regarding the conclusion of contracts apply to orders placed through 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) Upon receipt of an order in our online shop, the following applies:
The Customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop.
The order is placed in the following steps:
Selection of the desired goods,
Adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Accessing the order overview (e.g. via “Proceed to checkout”, “Continue to payment”),
- Entering/checking the address and contact details, selecting the payment method, confirming the General Terms and Conditions and the cancellation policy,
- If the agreed characteristics of the goods deviate from the usual characteristics, confirmation of a negative agreement on the characteristics,
- Completion of the order by clicking the button “Buy now” – this constitutes your binding order.
The contract is concluded when you receive an order confirmation at the e-mail address provided within three working days.
(4) The contractual partner is Aigner und Fuchs Watches GbR, Hoffeldweg 16, 94036 Passau, Germany.
(5) Before placing an order, the contractual data may be printed or electronically saved using the print function of the browser.
The processing of the order and transmission of all relevant contractual information (order data, General Terms and Conditions, cancellation policy) takes place by e-mail after the order has been submitted, partly by automated means.
We do not store the contract text after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “Back” button), or by cancelling and restarting the ordering process.
(7) Please ensure that the e-mail address provided is correct and that receipt of our e-mails is not prevented by spam filters.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) The subject matter of the contract in our online shop is:
The sale of goods. The specific goods offered can be found on the respective product pages.
(2) The essential characteristics of the goods are specified in the product description.
If the agreed characteristics of the goods deviate from their usual characteristics and conditions of use, this will be expressly indicated in the product description (negative agreement on characteristics).
To the extent that the Customer expressly consents to the deviation from the usual characteristics, this defines the subject matter of the contract.
(3) In the case of certain watch models, the illumination of the dial or hands may contain small amounts of radioactive substances (e.g. tritium or radium).
These substances are used exclusively within the legally permissible scope under the German Radiation Protection Act (Strahlenschutzgesetz – StrlSchG) and are safely integrated into the product.
There is no health risk under normal use.
The Customer will be expressly informed of this in the respective product description.
Watches containing radioactive luminous materials must under no circumstances be opened or manipulated by unqualified or unauthorised persons.
Opening, damaging or independently modifying such watches may result in radioactive substances being released.
We accept no liability for damage caused by improper handling, opening or intervention by unauthorised persons.
(4) Due to the age and characteristics of the watches we offer, it is expressly pointed out that they are not recommended for use in extreme temperatures or significant temperature fluctuations. In particular, we advise against wearing the watches at temperatures below 0 °C or at temperatures above 30 °C. Significant temperature changes may, particularly in older watches, cause condensation to form inside the case and the watch crystal to fog up. This may occur, for example, when moving from cold outdoor conditions into strongly air-conditioned indoor premises or vice versa.
The watches are generally not water-resistant unless a different characteristic is expressly stated in the respective product description. Even where a watch is expressly described as water-resistant or waterproof, the respective specification must be observed in consideration of the age and condition of the watch, and the watch must be handled with appropriate care.
Heavy perspiration on the wrist may also cause moisture to penetrate the case and condensation to form inside the watch. The Customer must therefore handle the watch in accordance with its described characteristics and taking into account its age and condition, and protect it from moisture, water, significant temperature fluctuations, as well as extreme heat and cold.
No claims shall exist for impairments or damage resulting from use that is not recommended, in particular due to extreme temperatures, significant temperature fluctuations, moisture, water or heavy perspiration, insofar as the impairment is not based on a defect already existing at the time of handover.
(5) In the case of mechanical watches, the movement may become magnetised due to influences occurring during transportation and throughout the shipping process. Magnetisation may cause the watch to exhibit significantly inaccurate timekeeping after shipping, including running fast, running slow or temporarily stopping.
If, after receipt, a watch appears to be running abnormally or stops due to possible magnetisation, the Customer is required to have the watch first inspected by a qualified watchmaker for possible magnetisation and, if necessary, professionally demagnetised. This is generally a simple and customary initial watchmaking measure.
If the watch continues to exhibit a functional impairment after professional demagnetisation, the Customer must notify us without undue delay and coordinate the further procedure with us. The Customer must not open or attempt to repair the watch independently or have it opened or repaired by unauthorised persons.
§ 4 Prices, Shipping Costs and Delivery
(1) All prices stated are total prices, including all taxes and price components.
(2) The purchase price is due prior to delivery (advance payment), unless payment by invoice is expressly offered.
The available payment methods are stated in the online shop or in the respective offer.
(3) Any applicable shipping costs are clearly stated on the offer pages, in the shopping cart and in the order overview.
(4) Unless otherwise stated, all products are ready for immediate dispatch (delivery time: approximately 3–4 days after receipt of payment).
(5) Delivery is made exclusively 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) A right of retention shall only exist for claims arising from the same contractual relationship.
(2) The goods shall remain the property of Aigner & Fuchs until the purchase price has been paid in full.
§ 6 Right of Cancellation
Consumers have a right of cancellation.
This is governed by our Cancellation Policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability is limited to intent and gross negligence.
(2) In the case of slight negligence, we shall only be liable in the event of injury to life, body or health or in the event of breach of essential contractual obligations (cardinal obligations).
In these cases, liability shall be limited to the foreseeable damage that is typical for the contract.
An essential contractual obligation is an obligation whose fulfilment is essential for the proper execution of the contract and on compliance with which you may regularly rely.
§ 8 Contract Language
The contractual language is German.
§ 9 Warranty / Statutory Liability for Defects
(1) The statutory provisions on liability for defects shall apply.
(2) In relation to Entrepreneurs, the limitation period for claims based on defects shall be 12 months from delivery.
(3) Consumers are requested to inspect the delivered goods immediately upon receipt for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible.
Failure to provide such notification shall have no effect on statutory warranty rights.
§ 10 Final Provisions / Dispute Resolution
(1) German law shall apply.
For Consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence (principle of favourability).
(2) The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall 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 shall be Passau, Germany.