General Terms and Conditions and Right of Withdrawal of Juwelier Rieger, Owner Gerhard Rathgeber
§ 1 Scope and Definitions
(1) These General Terms and Conditions apply exclusively to the business relationship between Gerhard Rathgeber (owner of the company “Juwelier Rieger” – hereinafter referred to as “Provider”) and consumers and entrepreneurs who order goods via our online shop (hereinafter: “Purchaser”) in the version valid at the time of the order. Deviating terms and conditions of the Purchaser shall not apply unless the Provider expressly agrees to their applicability in writing.
(2) A customer is a consumer insofar as the purpose of the ordered goods and services cannot be attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership that, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The Purchaser may select watches from the Provider’s range and order them as described in paragraph 2. The product presentations on the Provider’s website do not constitute legally binding offers but serve as a non-binding online catalog.
(2) The Purchaser contacts the Provider by email or phone to express the intention to buy a specific watch. For delivery, the Provider requires a delivery address and phone number in writing to forward to the transport company. The Purchaser then receives an order confirmation and bank details. Payment must be made in advance. Once the purchase amount including shipping costs is received, the watch is dispatched within three working days. The Purchaser is informed about the receipt of payment and shipping schedule via email or phone.
(3) The order can only be submitted if the Purchaser accepts these terms and conditions by clicking the “Accept GTC” button.
§ 3 Delivery and Product Availability
(1) If the ordered product is not available at the time of the order, the Provider will inform the Purchaser. If the product is permanently unavailable, the Provider will not accept the order, and no contract will be concluded.
(2) If the product is only temporarily unavailable, the Provider will also inform the Purchaser. For delays exceeding two weeks, the Purchaser has the right to withdraw from the order.
§ 4 Retention of Title
The delivered goods remain the property of the Provider until full payment is received.
§ 5 Prices and Shipping Costs
(1) All prices listed on the Provider’s website include the applicable statutory VAT. We operate under the margin scheme (§25a UStG).
(2) Shipping costs will be communicated to the Purchaser in advance and must be paid by the Purchaser.
(3) Delivery is made via insured valuables transport. Shipments are limited to European countries.
(4) In case of withdrawal, the Purchaser bears the return shipping costs if the delivered goods match the ordered ones, and the value of the returned goods does not exceed €40 or if no consideration has yet been paid. Otherwise, the Provider bears the return shipping costs.
(5) Shipping rates:
Within Germany:
- €500 to €10,000: €30.00
- €10,000 to €15,000: €50.00
- €15,000 to €25,000: €75.00
- From €25,000 (armed transport): Shipping costs on request
Within the EU:
- Up to €10,000: €60.00
- Up to €15,000: €80.00
- Up to €25,000: €120.00
- From €25,000 (armed transport): Shipping costs on request
Europe outside the EU:
- Shipping costs on request
Outside Europe:
- Shipping costs on request
§ 6 Payment Terms
(1) Payment can be made by bank transfer, PayPal or in cash in our business premises.
(2) Payment is due immediately upon conclusion of the contract. If a due date is specified and missed, the Purchaser is in default and must pay interest of 5 percentage points above the base interest rate.
(3) The obligation to pay interest on arrears does not exclude the assertion of further default damages by the Provider.
§ 7 Warranty and Guarantees
(1) The Provider is liable for material defects in accordance with applicable legal provisions, particularly §§ 434 ff. BGB.
(2) For entrepreneurs, the limitation period for warranty claims is one year from the start of the statutory limitation period. For used goods, the warranty period is one year from the start of the statutory limitation period, both for entrepreneurs and consumers.
(3) Claims for damages for used goods are excluded.
(4) Additional guarantees exist only if expressly stated in the order confirmation for the respective item.
§ 8 Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us:
Juwelier Rieger
Attn. Gerhard Rathgeber
St.-Nikolaus-Platz 5
80939 Munich
Tel. +49 (0)89 30768229
Fax +49 (0)89 30748659
info@juwelier-rieger.de
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached withdrawal form, but it is not mandatory. You can also fill out and submit the withdrawal form electronically on our website: http://juwelier-rieger.de/widerrufsformular. If you do so, we will send you confirmation of receipt without delay (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except additional costs resulting from a different delivery method than the cheapest standard option we offer), without undue delay and at the latest within 14 days from the day we received your notice of withdrawal. We will use the same means of payment you used for the original transaction unless explicitly agreed otherwise; in no case will you be charged any fees for this refund.
We will collect the goods at our expense.
You are only liable for any diminished value of the goods if this results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
Withdrawal Form:
(If you wish to withdraw from the contract, please complete and return this form.)
To: Juwelier Rieger
St.-Nikolaus-Platz 5
80939 Munich
Fax: +49 (0)89 30748659
Tel: +49 (0)89 30768229
Email: verkauf@juwelier-rieger.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
§ 9 Data Protection Notice
(1) The Provider collects customer data within the framework of contract processing in compliance with applicable data protection laws (e.g. Federal Data Protection Act, Telemedia Act). Without the customer's consent, the Provider will only collect, process, or use inventory and usage data as necessary for contract fulfillment and usage of telemedia.
(2) Without the customer's consent, the Provider will not use customer data for advertising, market, or opinion research purposes.
§ 10 Liability
(1) The Provider is liable for damages only in cases of intent or gross negligence. Claims for damages from injury to life, body, health or essential contractual obligations (cardinal obligations) are not affected. Cardinal obligations are those necessary to achieve the purpose of the contract.
(2) To the extent permitted by law, the Provider assumes no liability for losses or damages resulting from access to or use of this website, downloads, performance issues, or linking to third-party sites. The Provider does not guarantee error-free operation, security, or accuracy of downloadable files.
(3) Linking to this website requires prior written permission. Framing is prohibited.
(4) The Provider assumes no responsibility for third-party websites linked from this site. Linking does not constitute endorsement or assumption of liability.
(5) In cases of breach of essential contractual obligations caused by slight negligence, the Provider is liable only for typical and foreseeable damages.
(6) These limitations also apply to legal representatives and vicarious agents.
(7) Liability under the Product Liability Act remains unaffected.
§ 11 Battery Disposal Information
Batteries can be returned free of charge after use at our address: St.-Nikolaus-Platz 5, 80939 Munich, either in person or by adequately stamped mail. Customers are legally obliged to return used batteries. Batteries containing harmful substances are marked with a crossed-out wheelie bin symbol and may also bear symbols such as "Cd" (cadmium), "Pb" (lead), or "Hg" (mercury). You will also find these notices in the product documentation or manufacturer's instructions.
§ 12 Landbell AG Participation
With regard to sales packaging filled for the first time and delivered to private end consumers, we have joined the nationwide return system of Landbell AG, Mainz (Customer No. 4103001), to ensure compliance with our obligations under § 6 VerpackV. Further information is available on the Landbell AG website.
§ 13 Final Provisions
(1) Contracts between the Provider and the Purchaser are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Munich.
(3) If any provision of this contract is or becomes invalid, the remaining provisions remain unaffected. The invalid provision will be replaced by the applicable legal regulation. If this results in unreasonable hardship for a party, the contract shall become entirely void.