Terms & Conditions

Identification of the provider:
Michael Wucherpfennig, trading as "Uhrencenter24"
Hagenbreite 7, 37124 Rosdorf, Germany
Telephone (+49) 551 – 2912390
Fax: (+49) 551 – 30775956
E-Mail: info (a) watch-tool.de
VAT no.: DE 228888470 
WEE no. DE93717243

§ 1 - Scope of these Terms & Conditions
1) These Terms & Conditions apply to all business relationships between the customer (contractor, C) and "Michael Wucherpfennig, trading as "Uhrencenter24" (hereinafter referred to as Uhrencenter24, provider, P). These Conditions of Sale are exclusively applicable, we do not recognise conflicting conditions from the buyer or buyer's terms, provisions of which deviate from these Conditions of Sale, unless we have expressly agreed their applicability in writing.
2) For the purposes of these Terms & Conditions 'customers' are both consumers and entrepreneurs. For the purposes of these Terms & Conditions a consumer is any natural person who, when entering into a business relationship, does not act for a purpose which can be attributed to the exercise of their trade, business or profession. For the purposes of these Terms & Conditions an entrepreneur is any natural or legal person or a partnership with legal personality who or which enters into a business relationship which can be attributed to the exercise of their trade, business or profession.


§ 2 - Conclusion of the contract
1) Products shown on the provider's website do not constitute a legally binding offer, but rather an unbinding offer. The customer first makes a binding offer when they place their order (e.g. order form). This offer may be accepted through an order confirmation by telephone or in writing (E-Mail, fax, letter etc.). The order is deemed to be accepted at the latest with the execution of the order or the provision of the service.
2) Unless otherwise agreed, the customer's order is binding for 14 days from when the order is placed.
3) If an item should not be available or only partially available the provider will immediately inform the customer of this. The provider will promptly refund payments already made to the customer.
4) The provider reserves the right to require payment in advance or corresponding security or to withdraw from the contract if circumstances become known to the provider after conclusion of the contract which cast doubt on the creditworthiness of the customer. 


§ 3 - Prices and payment terms
The following payment terms apply:
1) The purchase price stated is the gross price.
2) The purchase price does not contain the additional postage and packing costs which the customer will be advised of in detail before placing their order. All price information includes VAT and excludes shipping costs.
3) The provider accepts the following payment methods:
- Cash on delivery
- Prepayment by bank transfer
- Paypal
- Credit card: Mastercard, AMEX and Visa 
4) The customer is not entitled to set off their own claims against the provider's payment claims unless the customer's claims are undisputed or legally binding.
5) The customer is not entitled to exercise the right of retention in regards to the provider's payment claims, even when a defect notification has been made, unless they result from the same contractual relationship. 
6) If an entrepreneur defaults on payment for more than 30 days and the provider issues a reminder about this, costs will be charged per reminder in the sum of 5.00 EUR including VAT. Entrepreneurs reserve the right to demonstrate that lesser damages were incurred by the provider.


§ 4 - Shipping and shipping conditions
The following shipping conditions apply:
1) Items will be generally delivered by one of the shipping methods. The customer may only collect themselves in exceptional cases at a time agreed in advance.
2) Goods will be dispatched within the Federal Republic of Germany within 3 working days. In the event of prepayment goods will be dispatched within 24 hours of receipt of payment.
3) The customer will be advised of the exact shipping costs in the respective item descriptions at the latest at the end of the order transaction. If the provider's performance is affected by unforeseeable obstacles he shall be granted an extension of 2 weeks. 


§ 5 - Retention of title
The title to the purchased goods is retained by the provider until payment has been made in full. 

§ 6 - Customer information, Right to cancel
1) In accordance with the provisions regarding distance selling contracts regarding items purchased, consumers have a right to cancel as per the following cancellation notice:

2) Cost paying agreement
If the consumer makes use of their cancellation right they shall bear the routine return postage costs if the goods delivered correspond to the goods ordered and if the cost of the item being returned does not exceed 40 Euro, or, where the cost of the item is greater than this, if the consumer has not yet provided consideration or a contractually agreed part payment at the time of cancellation. Otherwise the consumer will not have to pay for returning the goods.


§ 7 - Transfer of risk
1) For consumers the risk of accidental destruction and deterioration first transfers to the consumer on transfer of the goods to the customer.
2) For entrepreneurs the risk of accidental destruction and deterioration first transfers on transfer of the goods to the entrepreneur or to a person entitled to receive the goods. In the event of a sale by delivery to a place other than the place of performance, risk transfers on delivery of the goods to the designated transporter.
3) Risk is deemed to have transferred if the customer fails to accept delivery.


§ 8 - Notification of transport damages
1) Deliveries shall be checked in the presence of the deliverer for completeness and any damage. If it is determined that there are externally evident transport damages the customer is obligated to note this on the shipping documents and have the deliverer sign to confirm this. In this situation the packaging must be retained.
2) If the (partial) loss or damage is not externally evident the customer must report this to the provider within 3 days after handover or at least within 7 days after handover to the transport company to ensure that any claims vis-à-vis the transport company can be asserted in due time.
3) Any possible rights and claims of the consumer - in particular the consumer's rights regarding defects in the object of purchase - are not affected by the regulations in paragraphs 1 and 2.


§ 9 - Guarantee
(1) If the contractual item is a used item, the limitation period for guarantee claims due to defects is one year. If the contractual item is a new item or an item which has to be newly produced, the limitation period for guarantee claims due to defects, regardless of legal basis, is two years.
(2) The following limitation periods apply subject to the following conditions:
1. The limitation period generally does not apply in cases of intent or where defects have been fraudulently concealed or if the seller has undertaken a warranty for the characteristics of the contractual item.
2. The limitation periods do not apply if the contractual item is a building or an item, which in accordance with its normal use, is used in a building and as a result caused the defectiveness in the building (or in cases of third parties' rights in rem, as a result of which the return of the contractual item can be demanded).
3. The limitation period applies for claims for damages but not in cases of injury to life, body or health or freedom, to claims in accordance with the German Product Liability Act, in cases of grossly negligent infringement of duties or intentional infringement of fundamental contractual obligations.
(3) The limitation period for all claims for damages begins on handover.
(4) Guarantee claims are restricted to supplementary performance in the first instance. With respect to entrepreneurs the provider will provide at their discretion rectification of defects or replacement delivery in the first instance in the event of a defect in the goods. For consumers the provider is entitled to refuse to carry out the selected type of supplementary performance if it would only be possible to do so at disproportionately high costs and the other type of supplementary performance could not be carried out without considerable disadvantages to the consumer. 
(5) Should the supplementary performance not be successful the customer has the choice whether to withdraw from the purchase contract, to reduce the purchase price and damages or compensation for wasted expenditure. If the customer chooses damages or claims wasted expenditure the liability limitations as per § 9 of these Terms & Conditions apply.
(6) The item descriptions are to be purely regarded as a description of the product, they are in no way a guarantee for the characteristics of the item. This does not affect third party guarantees, for example manufacturer's guarantees.
(7) No guarantee is provided in cases of damages caused by the improper use or handling of the item. The same applies to so called "running in". 
(8) The customer is not entitled to directly rectify an existing defect themselves or arrange for the defect to be rectified by a third party (self remedy); any expenditure hereby incurred will not be reimbursed.
(9) Entrepreneurs shall report obvious defects in writing to the aforementioned contact details within a time period of two weeks from receipt of the goods; otherwise the assertion of guarantee claims is excluded. Timely dispatch is sufficient to comply with the time period for defect notification. Entrepreneurs bear the full burden of proof for all qualifying conditions, in particular regarding the defect itself, for the time of discovery of the defect and the timeliness of the complaint. 
(10) Insofar as claims for damages are mentioned this also includes claims for compensation for wasted expenditure. Unless otherwise regulated the statutory provisions regarding the commencement of the limitation period, expiry delay, suspension and restart of the statutes of limitations remain unaffected.
(11) The above provisions do not alter the burden of proof to the detriment of the buyer.


§ 10 Liability
(1) In accordance with the statutory provisions the provider's liability is unrestricted for damages resulting from injury to life, body or health, in the event of intentional or grossly negligent infringement of duties by the provider, their legal representatives or vicarious agents and for such damages caused by the intentional or grossly negligent infringement of duties or by bad faith on the part of the provider, their legal representatives or vicarious agents. Furthermore the provider's liability is unrestricted for damages with respect to liability in accordance with mandatory statutory provisions, for example, the German Product Liability Act.
(2) The provider is liable for damages caused by simple negligence insofar as the negligence is in regard to the infringement of such contractual duties when the said duty is of particular importance to the fulfilment of the purpose of the contract (cardinal obligations); in this case liability is restricted to foreseeable, direct, average damages typical for the contract.
(3) The provider is liable vis-à-vis consumers in cases of simple or ordinary negligent infringement of non-fundamental contractual duties; however in this case liability is restricted to foreseeable, direct, average damages typical for the contract.
(4) Any additional liability is excluded regardless of the legal nature of the asserted claim; this applies to tortious claims, amongst others. Insofar as liability is excluded or restricted as above, this also includes the personal liability of employees, workers, members of staff and vicarious agents.


§ 11 Saving the text of the contract, Data Protection
(1) The text of the contract will be saved after conclusion of the contract. In addition additional information regarding the transaction will be automatically sent after conclusion of the contract.
(2) When a purchase is made personal data (e.g. name, delivery address, postal address etc.) is transmitted to us for the purposes of order fulfilment. The data related to the transaction is transferred to the respective shipping companies and our principal bank insofar as this is required for processing the transaction. We of course treat you personal data safely and carefully and as confidential. Processing and storage is carried out in accordance with the statutory provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(3) We will not pass on your personal data to third parties with the exception of information which is needed to be transferred in the ordinary course of processing the transaction or if we are required to disclose your personal information as a result of a statutory or judicial obligation to bodies entitled to receive this information.
(4) This site uses cookies purely to simplify the ordering process. It is also possible to use our site if cookies have been blocked in your browser settings. You of course have the right to require the deletion of your personal data at any time and the right to obtain information regarding what personal data we hold. 


§ 12 Deliveries with batteries
Many devices (e.g. torches etc.) include batteries e.g. which are to be used for remote operation, for example. Batteries and power sources can also be built into the devices themselves. The following information is given in connection with using these batteries or power sources: 
Please dispose of old batteries in accordance with the relevant statutory provisions at a communal collection point or hand them in free of charge at your local shop. Disposing of old batteries in general household waste is strictly prohibited in accordance with the Battery Ordinance. Batteries obtained from us can be returned to us free of charge when used or sent back to us by post to the address below:
Michael Wucherpfennig, trading as “Uhrencenter24”
Hagenbreite 7, 37124 Rosdorf, Germany


Batteries which contain harmful substances are designated as such by the crossed out wheelie bin symbol. Under the wheelie bin symbol there will be a chemical description - in the example "Cd" on the left, for cadmium. "Pb" stands for lead, "Hg" for mercury.
This information can also be found in the leaflet accompanying the shipment or in the manufacturer's operating instructions. 


§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies. For consumers who enter into contracts which are not for trade or business purposes, this choice of law does not exclude the protection of mandatory provisions of the law of the country where the consumer is habitually resident. In the case of registered traders, the place where the provider's registered office is has jurisdiction. The contractual language is German.

(2) The application of the UN Convention on Contracts for the International Sale of Goods regarding international contracts of sale is excluded.