Conditions

General Terms and Conditions

§ 1 Scope, customer information

(1) The following general terms and conditions (GTC) regulate the contractual relationship between Marc Gebauer Lifestyle GmbH, Erkrather Straße 401, 40233 Düsseldorf, Germany and the consumers and entrepreneurs who buy our goods in our online shop. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.

(2) Terms and conditions of the customer or third parties do not apply, even if we do not specifically object to their validity in individual cases. Even if we refer to a letter that contains or refers to the customer's or a third party's terms and conditions, this does not constitute agreement with the validity of those terms and conditions.

(3) The contract language is German.

§ 2 Conclusion of contract

 (1) The offers on the Internet represent a non-binding invitation to you to order goods.

(2) You can add one or more products to the shopping cart. During the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only when you click the order button do you make a binding offer to conclude a purchase contract.

(3) We are entitled to accept your offer within 2 working days by sending an order confirmation by email. If the deadline specified in sentence 1 has expired without result, your offer is deemed to have been rejected, i.e. h. You are no longer bound to your offer.

§ 3 Customer information: No storage of the contract text

 We do not save your order with details of the concluded contract (e.g. type of product, price, etc.). We will send you the General Terms and Conditions, but you can also access the General Terms and Conditions at any time via our website. If you would like to save the product description on our shop page for your own purposes, you can do so at the time of ordering, for example. B. take a screenshot (= screen photograph) or alternatively print out the entire page.

§ 4 Customer information: Correction notice

You can correct your entries at any time before placing the order using the delete button. We will inform you about further correction options as you go through the ordering process. You can also end the ordering process completely at any time by closing the browser window.

§5 Prices; Payment

  1. The prices stated by the seller are gross prices and include statutory sales tax. The shipping costs are shown separately.
  2. The buyer is obliged to pay the purchase price in advance. The purchase price is due immediately after the order is placed.

§ 6 Retention of title

The purchased item remains our property until full payment.

§7 Delivery

  1. Delivery takes place within the delivery time specified for the respective item to the delivery address specified by the buyer.
  2. In the event of delivery delays due to force majeure or operational disruptions, the delivery period is extended by the duration of the disruption, but a maximum of three weeks. 
  3. If the execution of the contract becomes unreasonable for one of the contracting parties due to the duration of the delay, they can withdraw from the contract to this extent. Further claims by the contractual partner are excluded. 
  4. Official interventions, strikes, energy or raw material difficulties, lockouts, accidents, operational disruptions or other events that make delivery significantly more difficult or impossible are also considered force majeure. 


§ 8 Liability rights for defects

(1) Liability rights for defects

There are statutory liability rights for our goods.

(2) The goods are free from material defects if they have the agreed quality at the time of transfer of risk (handover). The quality can be found in the respective item description and the corresponding product images. For used goods, signs of wear and tear are part of the agreed condition.

(3) A material defect is particularly present if the functionality of the clockwork is affected. 

(4) Shortening of the limitation period for used goods for consumers

Upon conclusion of the purchase contract, it is agreed that the limitation period for claims for defects in used goods will be shortened to one year.

Excluded from this agreement are claims for damages, claims due to defects that we have fraudulently concealed, and claims from a guarantee that we may have assumed for the quality of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.

(5) Restriction of liability rights (warranty) towards entrepreneurs Your warranty claims due to defects in the purchased item expire one year from the transfer of risk.

(6) The warranty  The waterproofness of the watches is excluded.

According to DIN 8310, waterproofness is not a permanent property. It should be checked annually and before special loads, as the installed sealing elements deteriorate in their function and in daily use. Influences such as strong temperature fluctuations, chlorine, soap or salt water have a negative effect on the water resistance.
Please avoid a common mistake: Never operate the crown or chronograph of the watch under water. No matter how high the tightness is stated.

(7) From the above regulation § 8  (5) and (6) the following claims are excluded

- for damages
- due to fraudulently concealed defects
- from a guarantee that may have been given
- to recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that were used for a building in accordance with their usual use and which caused its defectiveness.

The statutory limitation periods apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the buyer.

(8) In the event of asserting warranty rights, the customer must prove that the defect already existed when the risk was transferred and was not caused by wear and tear or improper handling after the transfer of risk. If the customer is a consumer and a defect becomes apparent within one year of the transfer of risk, it is assumed that the item was already defective when the risk passed, unless this assumption is incompatible with the type of goods or the defective condition

(9) If the delivered goods are defective, the customer has the statutory rights for defects. There are no rights for defects in used goods if the customer was informed of existing defects before ordering and accepted them has.

The limitation period for asserting defect rights for new goods is two years. For used goods, the limitation period is one year if the customer was informed about the shorter limitation period before ordering and agreed to it.

§ 9 Limitation of Liability

We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material and legal defects.

§ 10 Final provisions

(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you have your habitual residence remain unaffected.

(3) The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.

(4) If the contract or these General Terms and Conditions contain gaps in the regulations, the legally effective regulations that the contractual partners would have agreed on in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known about the gap are deemed to be agreed to fill these gaps.

§ 11 Consumer information: Non-participation in a dispute resolution procedure

We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.



Special provisions for the purchase of precious metals 

  1. Scope
    1. The following special provisions apply to the purchase of precious metals by Marc Gebauer Lifestyle GmbH.
    2. Individual agreements take precedence over these conditions.
  2. Subject matter of the contract
    1. The subject of the contract is the conclusion of a purchase contract for the precious metals you have sent in. The precious metals we purchase are described on our website.
    2. By concluding the purchase contract, you are obliged to provide us with ownership of the precious metals. In return, we are obliged to pay you the agreed purchase price.
    3. You are still obliged to carry out and document the shipment according to our specifications and to provide truthful information about the precious metals you offer.
  3. Submitting your precious metals
    1. When you send in your precious metals, you will receive a purchase receipt with your personal data. The purchase receipt is not a legally binding offer, but only contains information about the precious metals and yourself.
    2. The precious metals must be packaged according to our specifications. You must film the packing process. You must make the created video available to us.
    3. The submission may only be made with our shipping labels and the UPS parcel service. You can print out the shipping label on our website and attach it to the package. The package will be picked up from you by UPS. After we receive your package, you will receive a confirmation of receipt by email.
    4. We will cover the shipping costs for sending via UPS. We take out transport insurance against the loss of the package or the package contents. The insurance is only valid if you provide us with the video of the packing. Otherwise, you bear the risk of packet loss.
  4. Test
    1. After we receive your precious metals, we check them using special analytical devices. We will also check your information on the purchase receipt. This check can take up to five working days.
    2. We will inform you about the results of the test.
  5. Conclusion of contract
    1. If we want to make you an offer after completing the review, we will send this to you by email to the email address you provided. We are under no obligation to make you an offer.
    2. Our offer includes the weight and the price. Offers are only valid until the end of the respective working day on which you receive the offer. Working days end at 5:00 p.m. Acceptance of our offer can only take place until 5:00 p.m. on the same working day. Our offer then expires.
    3. Acceptance of our offer can only take place via email. The email must contain your full name and address. Acceptance with restrictions or a different price constitutes a rejection of our offer.
  6. Payment of the purchase price
    1. If you accept our offer, the precious metals in our possession become our property. 
    2. The purchase price will be transferred within 10 working days to the bank account that you specified on the purchase receipt. Any errors in entering the bank account are at your expense. Please check the bank details you provided carefully.
  7. Returns
    1. If we do not make you an offer or you do not accept our offer, the precious metals will be returned to you. The return will be made via UPS with appropriate transport insurance.
    2. You must bear the costs for the return.