General Terms and Conditions

Before you contact us we would like to advise you to print out a copy of the following General Terms and Conditions for your records!We sell new and used watches of the upper price segment. We are not a retail store in conventional terms. Please note that for safety reasons we do not store our goods in our offices. If you are interested in one of our watches please make a respective appointment in advance.
The following General Terms and Conditions will be part of all contracts and shall apply to all future business relations with the customer, even if they are not expressly agreed again. Contradicting General Terms and Conditions or deviating counter-confirmations are only accepted if we explicitly agree to them in writing. For contractual relationships outside the EU the right of withdrawal does not apply.

Your contract partner:

Georg Königbauer
– Uhren fürs Leben-
Office: Berg 73
82386 Oberhausen, Upper Bavaria, Germany
Phone: +49 170 2297456
Tax ID no.: DE233289384

Conclusion of the contract
All offers are subject to change and non-binding, even if they are not marked accordingly. Our offers in the internet can be regarded as a call for offers. The contract of purchase is concluded if we accept your order either in writing or via email or if we send you the ordered goods to the delivery address specified by you.
The offers are subject to change and also subject to prior sale and errors. Reservations are typically non-binding. If any part of the Terms and Conditions is deemed to be invalid, the rest of the Terms and Conditions shall remain valid.

Place of Performance, Delivery and Delivery Time
The purchased goods can be collected by you by appointment in our office, which is located at Mühlstraße 16 in 82418 Murnau. Therefore, the place of performance in terms of § 269 (1) of the German civil code (BGB) is Murnau. In this case we hand over the goods within one working day after the receipt of the purchase price to the shipping company. The delivery is taken over by DHL Express Valuepack or Parcel Broker GmbH. We make every effort to keep delivery deadlines. Delays in delivery which are caused by reasons that are unknown to us at the time of the placement of the order and for which we are not responsible, the delivery period shall be extended within reasonable scope; we shall immediately inform you about such delays.

All prices include the value added tax applicable in Germany (in so far as it applies) and other price components, plus the handling and shipping charge as stated in § 5 of these General Terms and Conditions. The prices refer to the article illustrated according to description, but not to content, accessories and decoration.
For deliveries to countries outside the EU extra customs or other fees may apply. These fees can vary depending on the country and have to be paid by the customer on delivery. Please contact the customs office of your home country for information on such possible fees.

Terms of Payment
The goods are shipped after the receipt of the full purchase price at our account:

Sparkasse Oberland Peissenberg
Account number: 32212300
Sort code of the bank: 70351030
IBAN for the watch account: DE327035 10300032 2123 00

Please always transfer the amount due in Euro.
In some specific cases it may be possible to agree on other terms of payments.

Shipping Charges
For shipments within Germany the following handling and shipping charges apply:
• EUR 15 for goods valued up to EUR 1500,
• EUR 30 for goods valued from EUR 1500 up to EUR 5000 and
• EUR 50 for goods valued from EUR 5000 up to EUR 25000
Please inquire separately for goods valued over EUR 25000.

For shipments to other countries within the EU the following handling and shipping charges apply:
• EUR 60 for goods valued up to EUR 1500,
• EUR 80 for goods valued from EUR 1500 up to EUR 5000 and
• EUR 110 for goods valued from EUR 5000 up to EUR 25000
Please inquire separately for goods valued over EUR 25000.
For shipments to countries outside the EU the handling and shipping charge is EUR 50 for goods valued up to EUR 1500. For goods valued over EUR 1500 the shipping charges have to be inquired separately.

Reservation of Proprietary Rights
We shall reserve the right to ownership of the delivered goods until all claims with respect to the customer which result from the business relationship, including any future claims arising from contracts that have been simultaneously or subsequently concluded, have been satisfied.

Right of Withdrawal and Right of Return
The legal right of withdrawal of the consumer is replaced in terms of § 356 BGB by a limited right of return. For orders by a customer (consumer) who has not viewed the goods in our shop and therefore has bought them exclusively through distance communication means, the customer has the right of return according to the following

Return Policy
Right of return
You may return received goods without giving any reason within 14 days by returning the shipment. The return period shall commence upon receipt of this policy in writing (e.g. in form of a letter, fax, email), however not before receipt of the goods by the recipient (in the event of recurring delivery of similar good not before the first instalment thereof) and not prior to us fulfilling our information obligation in terms of article 246 § 2 in conjunction with § 1 section 1 and 2 EGBGB as well as our duties in terms of § 312e section 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. Only in cases of goods that can not be shipped (e.g. in cases of bulky goods) you may exercise your right of return through a written request. To comply with the return period, timely dispatch of the goods or of the request of return is sufficient. In any case returning the goods shall take place at our expense and at our risk. The return shipment or the request of return has to be made to:

Georg Königbauer
-Uhren fürs Leben-
Büro: Mühlstrasse 22
82418 Murnau am Staffelsee, Germany

Consequences of return
In case of a legitimate return, any payments, goods, or services provided by either side are to be returned and compensation made for any benefits derived (e.g. benefits of use). In case of deterioration of the goods, we may demand compensation. This does not apply if the deterioration of the goods is attributable only to the checking of the goods – for instance, as would be the case in a conventional shop. Have the goods been damaged through conventional usage, you do not have to pay compensation. You must satisfy obligations to reimburse payments within 30 days. This period shall commence for you upon dispatch of the goods or the request of return, and for us upon receipt.
End of Return Policy

Terms of Warranty and Liability
Despite extensive quality control, it is not possible to completely rule out the possibility of defects occurring in some of our products. In this case the statutory warranty provisions shall apply (unless stated otherwise in the following sections): The warranty period is 1 year for used goods, otherwise 2 years, and starts with the handover of the goods. Initially your warranty claims shall be limited to curing. Insofar as the legal requirements are fulfilled, you may withdraw from the contract according to §§ 440, 323 and 326 section 5 BGB or reduce the purchase price according to § 441 BGB and demand compensation according to §§ 440, 280, 281, 283 and 311a BGB or demand replacement for futile expenses according to § 284 BGB.
Should delivered goods display obvious material or manufacturing defects, also including transport damages, please immediately inform both us and the employee of the transport company in charge of the delivery, of those defects. Failing to file such a claim however has no consequences to your legal rights.
Provided that we have offered you a seller’s warranty, the details thereof will be stated in the warranty conditions that are included with the delivered item. Such warranty claims are valid irrespective of your legal rights.
In case of a rightful claim or defect complaint we shall reimburse any shipping costs incurred by you once we have carried out a goodwill check. In the event that your claim turns out to be unjustified, you are obliged to carry the costs for an insured shipping.

Applicable Law and Jurisdiction
This contract is exclusively subject to German law (to the exclusion of possible references to other legal systems and the United Nations Convention on the International Sale of Goods – CISG).
With respect to contracts with traders, public bodies or publicly owned corporations as well as with persons, who have no general place of jurisdiction in the European Economic Area, the place of jurisdiction and the place of fulfilment is our main office in Murnau.

Packaging Ordinance
In accordance with the regulations of the German Packaging Ordinance, we are obliged to accept returned packaging used for our products which does not bear a symbol of one of the general disposal systems (like e.g. the ‘Green Point’ of the Duales System Deutschland AG) and to ensure its reuse or proper disposal. Please contact us in order to clarify all the details for the return of such products. We will give you the name of a communal collection point or waste disposal company near you which will accept the packaging free of charge. If this is not possible you may send the packaging to us (Georg Königbauer, Mühlstrasse 22, 82418 Murnau am Staffelsee, Germany). We will then dispose of the packing in accordance with the regulations of the Packaging Ordinance.

Information on the Battery Ordinance
The delivery of many devices include batteries which for example may be used for quartz watches. As batteries and rechargeable batteries contain toxic heavy metals it is strictly prohibited to dispose of them as part of the normal household waste. In connection with the sale of such batteries or rechargeable batteries we are committed as a dealer under the battery ordinance to inform our customers about the following rules and obligations: Please dispose of your old batteries as prescribed by Law (the disposal as part of the normal household waste is strictly prohibited), for example at a communal collection point or free of charge at a local retailer. After they have been used batteries from our products may be returned to us at the address stated below or sent back to us by mail with sufficient postage: Georg Königbauer, Mühlstrasse 22, 82418 Murnau am Staffelsee, Germany. Batteries, which contain harmful substances, are marked with the symbol of a crossed-out waste bin. Under the waste bin symbol the chemical description of the harmful substance is displayed, in the example below “Cd” for Cadmium, “Hg” for mercury and “Pb” for lead. This information is also contained in shipping documents of the consignment or in the manufacturer’s instruction manual. Please contact the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in Germany for more information on the battery ordinance. It is also possible to download the ordinance over the web.

Privacy Notice
We process your personal data for handling orders and for maintaining regular customer relations. We do not expose your data to other companies.
We will be happy to provide you with details about your saved personal data whenever needed. Please don not hesitate to contact us in this matter.

Copyright and Proprietary Notices
The photographs and descriptions on these web pages are intellectual property of the company of George Königbauer and are protected by the German Copyright Act. They may not be copied or used without the written consent of the company of Georg Königbauer.

Severability Clause
In the event that any one provision of these Terms and Conditions or a provision within the framework of other contractual agreements is or becomes invalid, the validity of all other provisions of these Terms and Conditions or other agreements shall remain unaffected thereby. In this case both parties agree to implement an appropriate provision which is consistent with the legal and economic intent of the original provision. Any modification, cancellation, extension or other agreement that differs from these Terms and Conditions needs to be approved in writing.
Murnau, 01.01.2013

Yours sincerely,
Georg Königbauer