Terms of service
As of 26 April 2023
§1 Identity of the contractual partner
Your contractual partner for all orders is Prestige Luxusuhren GmbH (full postal address: see the end of these Terms and Conditions). The company is hereinafter referred to as "we", "us", "our".
§2 Order and conclusion of contract
(1) Listing the respective item in the online shop does not yet constitute a binding offer by us to you to conclude a purchase contract.
(2) You can purchase items in our online shop by placing the selected goods in the shopping cart and then entering your order details in the checkout area. You then select the shipping method and the payment method, accept the Terms and Conditions, and submit your binding offer by clicking "Order now".
(2.1) We will then send you an automatic acknowledgement of receipt by email, which you can print out using the print function. The automatic acknowledgement of receipt merely documents that your order has reached us and does not yet constitute acceptance of the offer.
(2.2) After your offer has been received, a review phase begins. Our acceptance of your offer only takes place through the express declaration of acceptance (order confirmation) by email or by dispatch of the goods. We are entitled to reject offers without giving reasons. In this case, we will inform you of the rejection of the offer by a declaration via email.
(2.3) We reserve the right to withdraw from the purchase contract if the goods are not in stock through no fault of our own from a carefully selected and reliable supplier (reservation of self-supply). In this case, we undertake to inform you immediately of the unavailability of the goods and, where applicable, to promptly refund any payments already made. For the refund, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. In the event that payment was made in cash, the refund is made by bank transfer to an account to be designated by you.
(2.4) You also have the option of requesting goods from us for non-binding inspection on site by selecting the "Cash payment (on site)" option in the checkout area. If you make use of this, no binding contract for the purchase of the goods is concluded between us and you. We will endeavour to procure the requested goods but are not obliged to do so.
(3) We reserve the right to require a deposit from you in individual cases before the goods are procured. The deposit obliges neither you to buy nor us to sell. Upon your request, we undertake to refund the deposit, without interest, within 7 working days (the decisive factor being the payment instruction issued by us). In the event that your deposit was made in cash, the refund will be made by us to an account to be designated by you via bank transfer.
(4) Contracts on our website are concluded in German only.
(5) Your order is stored by us. Please print out the acknowledgement of receipt after completing the order process for your records.
§3 Shipping and delivery area
(1) You bear the shipping costs. The amount of the shipping costs is stated on the respective product page of our website and depends on the selected region.
(2) We ship to the following countries: Australia, Bahrain, Belgium, Brazil, Brunei, Bulgaria, Costa Rica, Denmark, Germany, Estonia, Finland, France, Greece, India, Indonesia, Ireland, Israel, Italy, Japan, Canada, Croatia, Latvia, Lithuania, Luxembourg, Macau, Malaysia, Malta, Mexico, New Zealand, Netherlands, Norway, Austria, Panama, Poland, Portugal, Romania, Saudi Arabia, Sweden, Switzerland, Singapore, Slovakia, Slovenia, Spain, South Korea, Taiwan, Thailand, Czech Republic, Hungary, United Arab Emirates, United States, United Kingdom, Vietnam, Cyprus
(3) Goods sold by us are dispatched exclusively transport-insured and with transport companies selected by us.
(4) The expected delivery time is stated on the respective product page of our website and applies from receipt of payment. The delivery time may be subject to fluctuations in postal delivery and may be delayed by force majeure and other circumstances beyond the control of us or our vicarious agents.
§4 Prices and payment
(1) All prices are consumer prices. The prices include statutory value added tax, unless the selected region is located outside the EU (European Union), and are exclusive of shipping costs. The amount of the shipping costs is stated on the respective product page of our website. The price applicable at the time of the order applies.
(2) Please note that when shipping to a country outside the EU (European Union), taxes, fees or other customs duties may be payable, which are set by the respective customs authority or another authority in the country of destination. We have no influence over these duties and cannot foresee their amount. In the event that you do not know which duties apply on import into the country of destination, please contact your relevant authority.
(3) We offer you the following payment methods:
- Credit card (MasterCard, VISA, American Express)
- PayPal
- Bank transfer
- easyCredit instalment purchase
- CreditPlus instalment purchase
- BitPay
- Cash payment (only on site at our premises)
§5 Warranty and guarantee
(1) Manufacturer's warranty: If the goods come with a manufacturer's warranty, you will find further information on the applicable contractual provisions in the documents supplied to you with the goods or on the website of the respective manufacturer.
(2) Uhrinstinkt guarantee: Irrespective of the manufacturer's warranty, we grant the Uhrinstinkt guarantee on new watches for a period of 24 months from the invoice date, and on pre-owned watches (Certified Pre-Owned) for a period of 12 months from the invoice date. Our guarantee terms apply, which you can find on our website under the "Guarantee" section. Please take the time to read and understand them carefully.
(3) If you are a consumer, the guarantees apply in addition to the statutory provisions on warranty. The limitation period for statutory claims for defects is two years for new goods and one year for used goods after the transfer of risk. Towards entrepreneurs as buyers, liability for defects in used goods is excluded. This does not apply in the case of gross negligence. For new goods, warranty rights towards entrepreneurs as buyers become time-barred within six months after the transfer of risk.
(4) Should delivered goods exhibit obvious material defects, manufacturing defects or transport damage, please report such defects immediately to us or to the carrier delivering the goods. There is no obligation to do so, and it is not a prerequisite for asserting your claims. However, otherwise we cannot assert any claims against the carrier. Compliance with the above provision does not affect your statutory claims, insofar as you ordered as a consumer for private purposes.
§6 Final provisions
(1) The place of performance and jurisdiction for both contracting parties is – provided the orderer is a merchant – the registered office of our business, including in proceedings concerning bills of exchange and cheques.
(2) In dealings with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that mandatory consumer-protection provisions are concerned. If a private consumer has no place of residence within the European Union, our registered office is the place of jurisdiction.
(3) Should individual provisions of these contractual terms be or become wholly or partially invalid, the remaining clauses of these contractual terms shall retain their validity. In place of the invalid provision, an effective provision shall be deemed agreed between the contracting parties that the contracting parties would have agreed upon, in view of the economic purpose of these contractual terms, had they been aware of the invalidity of the provision concerned at the time of concluding these contractual terms.
§7 Address / Legal Notice
Prestige Luxusuhren GmbH
Wendelsteiner Str. 6
91126 Schwabach
Germany
Managing Directors: Mario Bößl, Maximilian Schmidt
Commercial Register: Local Court of Nuremberg (AG Nürnberg), HRB 34130
VAT ID No.: DE312151647
Phone: +49 9122 999900-0
Email: info@uhrinstinkt.de
Supplementary Terms and Conditions for "ratenkauf by easyCredit"
1. Scope and general terms of use
The following supplementary General Terms and Conditions (hereinafter "T&C") apply between you and the merchant for all contracts concluded with the merchant in which "ratenkauf by easyCredit" (hereinafter "instalment purchase") is used.
In the event of a conflict, the supplementary T&C take precedence over any conflicting General Terms and Conditions of the merchant.
An instalment purchase is only possible for customers who are consumers within the meaning of § 13 of the German Civil Code (BGB) and who have reached the age of 18.
2. Instalment purchase
For your purchase, the merchant provides instalment purchase as an additional payment option with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter "TeamBank AG").
The merchant reserves the right to check your creditworthiness. For further details, please refer to the instalment-purchase data protection notice in the order process. Should the use of instalment purchase not be possible due to insufficient creditworthiness or the reaching of the merchant's turnover limit, the merchant reserves the right to offer you an alternative payment option.
The contract for an instalment purchase is concluded between you and the merchant. With instalment purchase, you decide to pay off the purchase price in monthly instalments. Monthly instalments are to be paid over a firmly agreed term, whereby the final instalment may differ from the previous instalment amounts. Title to the goods is retained until full payment.
The claims arising from the use of instalment purchase are assigned by the merchant to TeamBank AG within the framework of an ongoing factoring agreement. Payments with debt-discharging effect can be made exclusively to TeamBank AG.
3. Instalment payment by SEPA direct debit
By the SEPA direct debit mandate granted with the instalment purchase, you authorise TeamBank AG to collect the payments due under the instalment purchase from the current account stated by you in the order process at the credit institution stated there, by means of a SEPA direct debit.
TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit falls due (pre-notification/advance notice). The collection takes place at the earliest on the date stated in the advance notice. A later, prompt collection may take place.
If, between the pre-notification and the due date, a reduction of the purchase price amount occurs (e.g. through credit notes), the amount debited may differ from the amount stated in the pre-notification.
You must ensure that, at the time the payment falls due, your current account has sufficient funds. Your credit institution is not obliged to honour the direct debit if the current account does not have sufficient funds.
Should a return debit occur due to a lack of the required funds in the current account, due to an unjustified objection by the account holder, or due to the closure of the current account, you will be in default even without a separate reminder, unless the return debit results from a circumstance for which you are not responsible.
The fees charged to TeamBank AG by your credit institution in the event of a return debit will be passed on to you and are to be settled by you.
If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee for each reminder, or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank.
Due to the high costs associated with a return debit, in the event of withdrawal from the purchase contract, a return of goods or a complaint, we ask you not to object to the SEPA direct debit. In these cases, in coordination with the merchant, the payment is reversed by transferring back the corresponding amount or by means of a credit note.
