§ 1 Applicability
(1) Online orders from Gerhard D. Wempe KG are covered exclusively by the following general business terms of Gerhard D. Wempe KG, Steinstrasse 23 20095 Hamburg, email: firstname.lastname@example.org
(2) Each transaction is covered by the AGB version valid at the time of order. Divergent terms are only valid, if confirmed in writing by Gerhard D. Wempe KG.
§ 2 Order placement/data privacy
(1) The depiction of goods on the online shop does not constitute a binding offer by Gerhard D. Wempe KG, but rather it is an invitation to customers of Gerhard D. Wempe KG to make a binding offer.
(2) Online orders through you represent a binding offer for conclusion of a purchase agreement for the goods ordered. Just before conclusion of the binding order significant contents of the agreement are explained to you in a clear and understandable, prominent fashion. You then click on the "buy now" key on the online shop to submit your binding offer for purchase of the items. Clicking on the "I accept AGB" key means you accept these general business terms as solely decisive for the legal relationship with Gerhard D. Wempe KG.
(3) Gerhard D. Wempe KG issues an email confirmation of order receipt, but this confirmation does not constitute binding order acceptance.
(4) The purchase agreement is only created, when Gerhard D. Wempe KG sends you a definite order confirmation. You will receive this in the form of an email dispatch confirmation sent to the email address provided during the order process.
§ 3 Cancellation policy
You have the right to cancel this agreement within fourteen days without stating reasons. This cancellation period is valid for fourteen days from the day when you or a third party appointed by you other than the carrier takes delivery of the goods.
In order to exercise your cancellation right, you should send us, namely
Gerhard D. Wempe KG,
Steinstraße 23, 20095 Hamburg,
Fax number: 040/33 44 8650
a clear declaration (e.g. a letter by post, fax or email) of your decision to cancel this agreement. To this end you may use the attached sample cancellation form, though this is not essential. In order to preserve your cancellation right, it is simply necessary to submit your declaration before expiry of the cancellation period.
Consequences of cancellation
Upon receipt of cancellation from you we are obliged to refund to you all payments received inclusive of delivery charges (with exception of any additional charges for your choice of a delivery method other than our standard offer) immediately and latest fourteen days from receipt of your cancellation confirmation.
Repayment is made by the same payment means you used to place the original order, unless there is some other arrangement; under no circumstances do we pay any compensation in respect of such repayment.
We may refuse repayment before receipt of the returned goods or your confirmation with evidence of return of the goods, whichever is earlier.
Your obligation is to return the goods to us immediately and in any case latest fourteen days from the date of cancellation declaration to us. This requirement is deemed met, provided you despatch the goods within fourteen days.
We bear the cost of returns.
You are only required to pay for deterioration in goods value, if upon examination of condition, features and functionality of the goods the deterioration is shown to be due to your unnecessary intervention.
End of cancellation policy.
§ 4 Disqualification / lapse of cancellation right
In line with § 312 g paragraph 2 BGB cancellation right does not exist in the case of agreements for delivery of goods that are not pre-fabricated and whose production is governed by individual selections or directives from the consumer, or indeed if they are customized to the consumer's personal requirements.
§ 5 Return
If you have decided to exercise your cancellation right by returning goods received (see § 3), return procedure is as follows:
Your obligation is to return goods as follows:
In the case of goods with total value of under EUR 1,000.-- where no watch is included by DHL using the return slip that comes with the delivery package (information included with your delivery)
In the case of goods with total value of EUR 1,000.-- or more or where a watch is included using secure transport (you can apply at www.wempe.de/retoure, information included with your delivery)
In the case of goods delivered outside Germany, using a courier (FedEx, information included with your delivery)
§ 6 Prices and payment conditions
(1) All price indications in the Gerhard D. Wempe KG online shop are gross and include VAT. Any charges for payment and delivery additional to sales price are highlighted clearly for you immediately before submission of order.
(2) You can select payment method by credit card (Visa, MasterCard, AmEx), PayPal, immediate remittance and cash in advance.
Payment method chosen by you depends on overall product value, your financial standing and invoice address:
Payment by credit card is possible only up to an overall value of EUR 8,000.-- and also depends on your financial standing and invoice address in Germany, Finland, France, Greece, Ireland, Italy, Luxembourg, Norway, Austria, Portugal, Sweden and Switzerland.
Payment by immediate remittance is possible only up to an overall value of EUR 15,000. -- in the following countries: Belgium, Germany, Great Britain, the Netherlands, Austria and Switzerland.
Payment by PayPal is available without limit where invoice address is in the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland or Spain.
Payment by cash in advance is also available without limit where invoice address is in the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland and Spain.
§ 7 Delivery, risk transfer, title retention, delivery costs
(1) Orders and deliveries are only possible in the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland and Spain.
(2) The following types of delivery are possible:
(a) Standard parcel
In the case of goods with total value of less than EUR 1,000.-- where no watch is included delivery is by standard parcel, unless you request a different method. This means delivery is also possible poste restante, provided payment did not occur by credit card. Standard parcel delivery does not involve additional delivery charges, where delivery address is in Germany. Delivery addresses outside Germany but in Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland and Spain incur extra charges of EUR 20.--. Delivery occurs within timelines shown on the online shop, and it should be noted that local delivery date must be a working day. If the last day for delivery shown on the online shop is not a local working day, delivery is extended to the next working day.
(b) Delivery by secure transport company
If value of goods exceeds EUR 1,000.-- or if package contains a watch, delivery is made by a secure transport company, which renders it impossible to deliver poste restante. Delivery occurs within timelines shown on the online shop, and it should be noted that local delivery date must be a working day. If the last day for delivery shown on the online shop is not a local working day, delivery is extended to the next working day.
Secure transport companies send you a confirmation of the exact day of delivery.
Delivery by the secure transport company on date mentioned in this confirmation must be received personally, which requires the presence and availability of recipient at delivery address at delivery time between 9.00 and 12.00 AM.
(c) Express delivery.
Provided delivery time indicated on the online shop does not exceed one week, you can opt for express delivery upon payment of a EUR 12.50 surcharge irrespective of value and contents of delivery.
If express delivery is selected, delivery occurs as follows:
If we accept your purchase on a local working day at our headquarters before 13.00, delivery takes place on the following working day from 9.00 to 12.00 AM. It is essential that delivery should take place on a local working day.
If we accept your purchase on a local non-working day at our headquarters at or after 13.00, or if it is not a working day there, delivery takes place on the next working day but one, and again it is essential that delivery should take place on a local working day. Delivery takes place between 09.00 and 12.00 AM.
In case of express delivery personal receipt of the delivery is required.
(d) Customised personal delivery
Provided delivery time indicated on the online shop does not exceed one week, you can opt for customised personal delivery with delivery specified by you upon payment of a EUR 12.50 surcharge irrespective of value or object. It is a condition that your chosen delivery is a local working day and that we accept your purchase at least three working days before chosen delivery date, and it is imperative that it be a working day at our headquarters. Actual delivery takes place between 9.00 and 12.00 AM, and personal receipt of the delivery is required.
Delivery charges do not apply.
(3) Partial delivery is possible at our option depending on operational needs. If we specify partial delivery, there are no additional delivery charges. These apply only if you specifically request partial delivery.
(4) Delivery takes place at our risk. The risks of accidental loss and deterioration of the goods are transferred to you on delivery.
(5) Goods remain our property until full payment of purchase price.
(6) If in spite of an accepted purchase order we are unable to deliver either on time or at all, we shall inform you immediately. In such a case of delayed delivery you have the option of waiting for the ordered goods or cancelling the agreement. If delivery is impossible either party is entitled to cancel the agreement. In case of cancellation you are immediately refunded any payments made.
§ 8 Guarantee
(1) Pictures of products may differ from the appearance of products delivered notably in colour and size. This is especially possible when suppliers revamp their collections. Claims for defects cannot be entertained, if the changes are reasonable for the purchaser.
(2) Otherwise in the case of defects customer rights to supplementary performance, cancellation of agreement or reduction of purchase price are governed by legal provisions. Any compensation claims in addition to or instead of performance are covered by the regulation in § 9.
§ 9 Liability
(1) Gerhard D. Wempe KG is not liable for minor dereliction of duty concerning duties or guarantees not relevant to the agreement that do not give rise to injury to life and limb, personal health or claims under product liability law.
(2) Where Gerhard D. Wempe KG is also liable for minor dereliction, liability is limited in extent to typical, predictable damage as specified in agreement.
(3) If liability of Gerhard D. Wempe KG is excluded or limited, this applies also to liability of legal representatives, employees and agents of Gerhard D. Wempe.
(4) Gerhard D. Wempe KG is not liable for functioning of data networks, servers or lines to its computer centre or continuous operation of its online shop.
§ 10 Warranty
For every watch and every item of jewelry purchased in this webshop, Gerhard D. Wempe KG gives a three-year warranty against any faults in materials or workmanship.
(1) Limited international warranty
This limited warranty (hereafter: “the warranty”) is granted by the manufacturer, Gerhard D. Wempe KG (hereafter: Wempe). The limitations of this warranty are specified below.
This warranty offers the owner the right to repairs on all manufacturing defects that become apparent during the term of the warranty, insofar as immediate notice is given of said defects. The right to replacement is not included. The rights granted in this manufacturer’s warranty are applicable at all Wempe branches or at authorized dealerships.
(2) Limitations of this warranty
Your international warranty is valid only in conjunction with the accompanying warranty certificate. This certificate must be completely filled out and signed by an employee of Wempe. The warranty certificate must include the serial number of the product and exact date of purchase. Furthermore, it must also be stamped by Gerhard D. Wempe KG.
Not included in the terms of this warranty are the watch’s crystal and leather strap, damages caused by inappropriate use such as strong blows and extreme heat or cold, and strong magnetic fields. Repairs or servicing performed by unauthorized parties void the warranty.
We would like to make it unequivocally clear that WEMPE GLASHÜTTE timepieces are not suitable for wearing while performing extreme sports such as diving, surfing, etc., unless such a use is expressly stated in the corresponding instructions on the specific model.
(3) Applicable law and other laws
This manufacturer’s warranty gives you certain rights. In addition to these, you may also have other rights based on the unconditional regulations of other national laws that can vary from nation to nation, and that may have been in force when and where you purchased the product.
(4) Exclusion and limitation of other warranties
Insofar as such exclusion is permissible according to applicable law, Wempe excludes all further expressed or implied guarantees or warrantees.
Should a particular nation not permit the limitation of a guarantee or warranty, the limitations contained in this warranty shall not be applicable in that nation.
(5) Exclusion of liability for subsequent damages
Insofar as permitted by applicable laws, Gerhard D. Wempe KG assumes no liability, under any circumstances, to the purchaser or to all other persons, for individual, subsequent or auxiliary damages of any kind (without limitation including loss of income or business, or other financial damages), that may arise through breach of this warranty, breach of contract, or in any other way, even if Wempe or the authorized dealer has been informed of such a possibility.
In any case, the liability of Wempe, irrespective of whether such liability derives from the clauses of this warranty or from legal regulations, is expressly limited to the purchase price of the product. Limitation or exclusion of liability for auxiliary or subsequent damages is not permissible in certain nations, so the limitations and exclusions contained in this clause may not necessarily apply to you.
§ 11 Data protection
(1) Personal data provided willingly by you in connection with the order are used exclusively with regard to provisions of federal data protection legislation (BDSG) and media law (TMG).
(2) Your personal data are only collected when you disclose them willingly during use of the Gerhard D. Wempe online shop. Processing and transmission of these data to third parties occur only as required for performance of the agreement between you and Gerhard D. Wempe. Thus data are passed to the delivery company and - if necessary - to the bank processing payment. There is no further communication of data to third parties.
(3) You are entitled at any time to access without remuneration your personal data stored by us and to block or delete these data.
(4) Gerhard D. Wempe KG reserves the right for purposes of advertisement, market research or performance of your orders to use pseudonyms and draw up user profiles using your data. You have an on-going right to refuse this use of your data.
(5) Data protection background information in the sense of § 8 above is always available for download at www.wempe.de.
(6) Questions on collection, processing or use of your personal data, for information, correction, blocking or deletion of data and for withdrawal of consent granted should be sent to Gerhard D. Wempe KG at the address given in § 1 paragraph 1 of these AGB.
§ 12 Concluding provisions
(1) Transactions are covered by German law and exclude provisions of UN CISG. The application of binding norms in the customer's country of residence at order date is unaffected hereby.(2) Should individual clauses of these business terms be or become unworkable or unenforceable, this fact does not affect the validity of remaining clauses. The unworkable or unenforceable clause should be replaced with a workable, enforceable regulation nearest in financial and legal effect to that originally intended by the two parties. The same applies to any loopholes in this contract.
published in February 2016
Online Dispute Resolution Regulation:
The EU commission will offer a platform for extra-judicial resolution of disputes as of 15 February 2016. It provides consumers with the possibility to resolute disputes in context with their online orders in the first instance without addressing a court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/ .
Sample of cancellation form
If you wish to cancel the agreement, please complete and return this form
To Gerhard D. Wempe KG,
Steinstraße 23, 20095 Hamburg,
Fax number: 040/33 44 8650
From Name: ______________________________________________
First name: ______________________________________________
Order nr: ______________________________________________
Hereby I/we (*) cancel my/our (*) agreement for purchase of following goods (*) / services (*):
Ordered on (*): ____________
received on (*): ____________
Date ____________ Signature of customer(s) _________________________
(*) Delete as appropriate