Terms & Conditions

1. Scope of application

a. These General Terms and Conditions (hereinafter referred to as "GTC" ) apply to orders placed in the online shop operated at www.hanhart-stoppuhren.com.

b. The operator of the online shop is: Hanhart 1882 GmbH Hauptstr. 33 D-78148 Gütenbach (hereinafter referred to as "we" or "us" ).

c. Deviating terms and conditions of the customer which extend beyond these terms and conditions of business of the customer shall not be contractual.

2. Distinction between entrepreneurs and consumers

Some of the provisions of these General Terms and Conditions do not apply to all customers, but only to consumers, or only to entrepreneurs. Where this is the case, it is particularly marked at the relevant point in these terms and conditions.

"Consumers" within the meaning of these General Terms and Conditions are, according to the legal definition in § 13 of the Civil Code, natural persons who enter into business with us without their commercial or independent professional activity.

"Entrepreneurs" within the meaning of these General Terms and Conditions are, according to the legal definition in § 14 of the Civil Code, natural and legal persons or legal partnerships which enter into business with us in the exercise of their commercial or independent professional activities.

3. Customer account

When registering, correct and complete information must be provided. Data from third parties may not be used without their consent. Multiple registrations are not permitted.

You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.

4. Conclusion of contract, contract language

Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.

We may accept your offer within two days by

- submission of a confirmation of order by post, fax or email
- delivery of the goods
- request to make payment.

The date determining whether such aforesaid time limit has been complied with shall be the date of customer's receipt of our confirmation of order, delivery or request to make payment.

Languages made available for conclusion of the contract shall be English and German.

5. Storage of the contract provisions

The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present Terms and Conditions. We record and store the provisions of the contract. You can print out the a.m. documents by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The provisions of the contract including the present T&C are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.

6. Delivery

If you are an Entrepreneur the following shall apply:

a. The risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer as soon as the goods have left our works or distribution warehouse. This shall equally apply where we take over further performances like e.g. cost of shipment or delivery.

b. Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes or force majeure, the time period for performance shall be prolongued adequately. Should we not be able to perform even after adequate prolongation, either party shall be entitled to terminate the contract.

7. Retention of title

a. If you are a Consumer the following shall apply: We shall retain title in the goods delivered by us until full payment.

b. If you are an Entrepreneur the following shall apply:

(aa) We shall retain title in the goods delivered to the customer until we received any and all payments under the business relationship with the customer (Goods Delivered Under Retention of Title).

(bb) The customer shall treat the goods with due care, until title in the goods passed to the customer. As long as the title in the goods has not yet passed to the customer, the customer shall immediately notify us in writing in case that the delivered goods were seized or in case that they are otherwise exposed to interventions of third parties.

(cc) The customer shall be entitled to resell the Goods Delivered Under Retention of Title in the ordinary course of business. The customer hereby assigns to us, for purposes of securing our receivables from the delivery of goods to the customer, customer's receivables resulting from the resale of Goods Delivered Under Retention of Goods. The customer shall remain entitled to collect a given claim even after the assignment of same as per the aforesaid sentence. This shall not affect our right to collect such respective claim ourselves. We shall not collect the respective claim as long as (i) the customer fulfils its payment obligations in respect of the amounts collected by customer, (ii) the customer is not in default of payment, (iii) no petition in bankruptcy is filed and (iv) there is no cessation of payment.

(dd) We shall release, at customer's request, the securities due to us hereunder if and to the extent that their aggregate value exceeds the amount of the receivables to be secured by more than 20%.

8. Right of revocation

Consumers have the following right of revocation:

Right of Revocation

You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not a carrier, has or has taken possession of the goods; in the case of a contract for several goods you have ordered under a single order and which are delivered separately, the period of revocation shall be fourteen days from the date on which you or a third party you designate is not the carrier Goods; in the case of a contract for the delivery of a product in several partitions or pieces, the period of revocation shall be fourteen days from the day on which you or a third party you designate who is not the carrier, the last part or the last piece has taken possession respectively.

In order to exercise your right of revocation, you must notify us (Hanhart 1882 GmbH, Hauptstrasse 33, D-78148 Gütenbach, phone: +49 (0) 7723 9344-0, fax: +49 (0) 7723 9344-40, shop@hanhart.com) by means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the sample revocation form available under this link , but this is not required.

In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.

We may refuse repayment until we have returned the goods or until you have proved that you have returned the goods, whichever is earlier.

You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the period of 14 days. They bear the immediate cost of returning the goods.

They shall only be liable for any loss in value of the goods if this loss of value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and functioning of the goods.

The right of revocation does not apply, among other things, in the case of contracts - for the supply of goods which are not prefabricated and whose production is subject to an individual selection or provision by the consumer or which are clearly tailored to the personal needs of the consumer. The right of revocation expires prematurely, including in the case of contracts - for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.

End of revocation

9. Claims for Defects (Warranty)

a. Warranty in relation to Consumers: The default rules under the applicable laws shall apply.

a. Warranty in relation to Entrepreneurs:

(aa) Where the customer acts as a merchant within the meaning of section 1 of the German Commercial Code ("Handelsgesetzbuch", abbr. "HGB") the customer shall inspect the goods immediately after receipt of same. It shall, after receipt of the goods, notify us of apparent defects without undue delay or - should the defect become apparent only at a later point of time - without undue delay after the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the customer's rights. Where the customer fails to timely notify us in accordance with the aforesaid, the goods shall be deemed approved by the customer; this shall not apply in case that we fraudulently concealed the defect.

(bb) If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or - in case of significant defects - to terminate the contract.

(cc) The warranty period for customer's claims regarding defects of the goods shall be one year from delivery of same to the customer. This shall not apply to customer's claims (i) for damages directed at a compensation for a bodily injury or for an injury to health, and where such claims are based on a defect for which we are responsible, or (ii) based on gross negligence of us or of a person assisting us in the performance of our obligations; the aforesaid claims defined under the aforesaid subsections (i) and (ii) of this sentence shall be subject to the applicable limitation period provided for under the applicable laws.

10. Liability limitation

Our liability for damages shall be subject to the following:In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.

Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under mandatory applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz").

11. Choice of law, jurisdiction

German law shall apply exclusively. The UN sales convention shall not apply. Where the customer is a consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.

For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business (Gütenbach) shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at customer's place of business instead.

12.Information on online dispute settlement

The European Commission provides an online dispute resolution (OS) platform at https://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court settlement.