General Terms and Conditions
Marc Gebauer Lifestyle GmbH, Erkrather Str. 401, 40231 Düsseldorf
- These general terms and conditions ("GTC") apply exclusively to all contracts for the purchase of goods in the seller's online shop at marcgebauer.com . Deviating terms and conditions of the customer do not apply unless the seller has expressly confirmed them in writing.
- Agreements made with the customer in individual cases take precedence over these general terms and conditions.
- The goods shown in the online shop do not yet represent a legally binding offer by the seller. Only the customer's order is a legally binding offer that the seller can accept.
- The ordering process begins with the selection of articles that the customer can put in the shopping cart. The customer can at any time by clicking on the "shopping cart" symbol see an overview of all items in the shopping cart and delete individual items from the shopping cart. After selecting the “Checkout Now” button, the customer provides their contact information and a delivery address. In the next step, the customer selects a shipping option. The customer then selects one of the payment methods offered. In the last step, the client receives an overview of the data of his order and the prices or shipping costs. The customer places a legally binding order by clicking the "Buy" button.
- The order is accepted by the request for payment.
Consumers have a statutory right of withdrawal. Further information can be found in the seller's cancellation policy.
- The seller is entitled to withdraw from the contract if he has ordered the goods properly from a supplier, but has not been delivered correctly or on time and is not responsible for the non-delivery. The seller is obliged to inform the customer immediately about the unavailability and to reimburse any consideration already received.
- The seller assumes no procurement risk and is only obliged to deliver from his stock of goods or the goods ordered from his suppliers.
- The displayed item prices are total prices and include the statutory sales tax. Shipping costs are shown separately.
- For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Money transfer costs may also apply if delivery is not made to a country outside the European Union, but the customer pays from a country outside the European Union.
- If the customer makes use of his right of withdrawal after receiving the goods, he is obliged to pay the shipping costs for the return.
- The buyer is obliged to pay the purchase price in advance. The goods will only be dispatched after receipt of payment.
- The delivered goods remain the property of the seller until all claims from the contract have been met.
- The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
- The ordered goods will be sent to the delivery address given by the customer. If the goods are returned to the seller for reasons for which the customer is responsible, the customer bears the additional costs for return and re-shipment.
- The delivery time for the individual goods is specified in the item descriptions. Unless a delivery period is specified in the item description, this is ten (10) working days from receipt of payment.
- 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 by a maximum of three weeks.
- If a payment by the customer cannot be assigned due to missing or incorrect information, the delivery period only begins after the customer has provided the required information.
- The goods are free from material defects if they have the agreed quality upon transfer of risk. The condition results from the item description. In the case of used goods, signs of wear and tear are part of the agreed quality.
- The customer has to prove that a material defect already existed at the time of the transfer of risk and that it was not caused by wear and tear or improper handling after the transfer of risk. If the customer is a consumer and a material defect becomes apparent within six months of the transfer of risk, it is assumed that the item was defective at the time of transfer of risk, unless this assumption is incompatible with the nature of the item or the defect.
- If there is a material defect, the buyer can request supplementary performance. Only if the supplementary performance fails, the buyer has the further statutory rights of defects of § 437 BGB.
- In the case of used goods, the buyer's warranty rights expire one year after delivery of the goods. Used watches contain the note "worn" in the item description.
- For used watches, in addition to the statutory warranty rights, the seller assumes a durability guarantee on watch parts of one year from delivery, provided that the manufacturer's guarantee has already expired at the time of the purchase contract with the customer.
- Claims from manufacturer guarantees exist against the respective manufacturer. The seller is not liable for manufacturer guarantees. If the watch seller takes action to process warranty cases, it is only a service and not a guarantee.
- If the goods are defective, the customer can, at his option, request the removal of the defect or the delivery of a defect-free item. The seller has to bear the expenses necessary for the purpose of the supplementary performance, in particular transport, travel, labor and material costs.
- The seller can refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance could be used without significant disadvantages for the customer must be taken into account. In this case, the customer's claim is limited to the other type of supplementary performance; the right of the seller to refuse this under the conditions of sentence 1 remains unaffected.
- The customer must give the seller the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the case of a replacement delivery, the customer must return the defective item.
- The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany, excluding the UN sales law. The contract language is German.
- The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: https: // ec .europa.eu / consumers / odr / main / index.cfm? event = main.
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- The seller is neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.