• Junghans‘ Delivery- and Payment Conditions
  • § 1 Scope
  • The goods, services and offers from Junghans on the basis of these terms and conditions. Junghans will not recognise deviating terms and conditions from the customer unless Junghans explicitly consented to their applicability in writing. The conditions also apply for all future business relationships even if they were not explicitly reaffirmed.
  • § 2 Conclusion of the Contract
  • Unless otherwise arranged, a contract only comes into existence through the written confirmation of the customer’s order by Junghans.
    Offers of any kind are always subject to change and non-binding. The like applies to prospectuses, advertisements, websites, etc. To the extent not otherwise specified, the Junghans company is bound by prepared orders for 14 calendar days.
  • § 3 Shipping and Delivery
  • Delivery deadlines are non-binding to the extent that they are not expressly confirmed as binding by the Junghans company.
    The mode of shipping and the shipping company will be specified by the Junghans company. Specifically the Junghans company can assign third parties with shipping and have the shipping carried out by third parties.
    The costs of shipping must be borne by the customer, to the extent that nothing else is arranged. The customer will be informed in the bid concerning the pending costs of shipping in the offer prior to the conclusion of contract. On pick-up, the risk transfers to the customer with the separation of the goods and the customers information through the pick-up option thereby established.
    Absent any other arrangements, the Junghans company will select the packaging and type of shipping according to its best judgement. Insurance against transport damages of all kinds will only be concluded at the request of the customer on condition of billing the amounts paid to the customer.
  • § 4 Delivery Abroad
  • Bids from the Junghans company assume delivery within the Federal Republic of Germany. If the customer wishes the order to be shipped abroad, the customer will bear any and all additional costs.
    In the case of delivery abroad, the customer is responsible for customs formalities. Should export of the goods abroad be impossible due to legal provision or official regulation, the Junghans company is entitled to withdraw from the contract without cost. Any costs and expenses incurred due to official procedures and shipping abroad must be borne by the customer.
  • § 5 Agreement on Quality
  • The quality of the object of purchase that is the basis of this contract derives from the manufacturer’s specifications according to § 434 Para. 2 BGB [German Civil Code]. Deviations from this or additional assurance require a separate written agreement.
  • § 6 Price, Due Dates and Payment
  • Statements of price are final prices in EURO and include the legally mandated VAT insofar as nothing to the contrary is indicated.
    The billing statements are payable to the Junghans company on receipt and without discount, if no other payment deadline is indicated on the billing statement. A payment is only deemed completed when the amount of the claim has been credited to the bank account of Junghans company.
    The Junghans company expressly reserves the right to refuse of a cheque or bill of exchange. They are always accepted only for payment. Discount and bill of exchange costs will always be borne by the customer.
    The customer is only entitled to offsetting if the counter-claim is undisputed or has been legally established. The customer can only assert a right to retain due to counterclaims arising from the same contractual relationship.
  • § 7 Right to Return
  • If the customer is a consumer, a legal right of return under the Distance Sales Act applies to contracts that were established exclusively using remote means of communication (post, telephone, fax, e-mail, internet, etc.). The customer can in this case return the good within 14 days of receipt of the good and notification of the right to return without stating grounds. If notification concerning the right to return is only communicated after the contract has been concluded, the right of return remains in force for a month. Timely shipping of the good being return or request of pick-up for return meets the condition for complying with these deadlines.
    In the case of goods that cannot be shipped by regular parcel services (e.g. bulky goods), return can also be declared by means of a request for pick-up directed to the Junghans company in text form on a permanent data carrier, e.g. by letter, fax or e-mail.
    In the case of services, the right of cancellation takes the place of the right of return. It expires early if the Junghans company has begun the performance of the service prior to the expiration of the cancellation period with the expressed consent of the customer or if the customer initiated performance.
    Furthermore, the legal provisions of § 312 d BGB apply, especially with respect to the exclusion of the right of cancellation and right of return in the case of certain goods.
  • § 8 Processing the Return
  • The return shipment of goods or the request for pick-up must be sent to the following address:
    The Andreas Junghans Company, Chemnitzer Strasse 63, 09660 Frankenberg.
    Return shipping proceeds at cost and risk to the Junghans company.
    If goods cannot be shipped by regular mail, the Junghans company must be asked in writing to pick up the goods delivered by the aforementioned deadlines. The Junghans company will decide on the pick-up of the goods at the customer’s premises. The good must be presented ready for pick-up at the street door of the ground floor on a date announced in advance by the Junghans company. The customer must provide for access. If pick –up fails for reasons for which the customer is responsible, the customer is responsible for any added expenses.
    In the event of a successful return, the considerations received on each side are to be returned and any benefits obtained (e.g. benefit from use) surrendered.
    Once the good is returned, the payments already rendered will be refunded to the customer minus any reduction in value. The customer must identify an account to which the refund is to be paid on return of the good.
  • § 9 Obligation to Repay Lost Value on Return
  • The customer must bear the costs for lost value of the delivered good if this loss cannot be solely attributed to inspection and testing of the good ordered as would be usual and customer in retail sales. Most especially, compensation for lost value is to be paid in cases where the good already evinces signs of use or assembly, scratches or damage to form or the colour, to the extent that these did not result from inspection of the good.
    Furthermore, the customer can avoid the obligation to replace lost value in that it does not place the good in use as an owner and refrains from any action that compromises the value of the good.
  • § 10 Warranty for Defects
  • The customer has an obligation to inspect and report on receipt of the good. The legal warranty rights are not limited by this.
    The Junghans company is not liable for the suitability of the good for the purposes envisaged by the customer.
    In the event of a warranty claim, the Junghans company has the right to remediate. At Junghans’ discretion, remediation of defect can take the form of subsequent fulfilment or replacement of a defective part or replacement of defective parts. If the defect is not remedied even after the third attempt at remediation, the customer can withdraw from the contract or assert additional claims for damages.
    The Junghans company can also contract a third party with performance of remediation.
  • § 10a Exclusion from Warranty
  • In the case of sale of used goods, warranty to dealers or commercial buyers is excluded.
    If the contracting partner is a consumer, warranty for a used good is limited to one year from conclusion of contract and hand-over to customer.
    In other respects the provisons of law apply.
  • § 10b Obligations of the Customer
  • To the extent that nothing else is arranged, the customer must make certain, at own cos, that the required maintenance is carried out and that the good is treated according to the manufacturer’s instructions. The customer must keep appropriate records of this. If a defect is attributable to improper care and maintenance of the machines according to the manufacturer’s instructions, the Junghans company can demand that the customer reimburse the costs of the required remediation or warranty. The customer must be notified of this in advance and the notice must include a draft cost estimate.
  • § 11 Liability
  • The Junghans company will pay compensation for damages, regardless of the legal grounds, only in the following scope:
    a. In the case of malicious intent and gross negligence, in the full amount:
    b. In the case of average and slight negligence, only in the event of breaches of an essential contractual obligation (cardinal obligation) and this limited to types of damages typical and predictable for the contract;
    c. Legal liability in the case of bodily harm and personal injury, on acceptance of a guarantee (e.g. assurance of characteristics) or a procurement risk as well as under the German Product Liability Act remains unaffected.
  • § 12 Reservation of Title
  • The Junghans company explicitly reserves the right to ownership in the good delivered until all claims deriving from the purchase contract have been settled. Until this point in time, the customer is obligated to treat the good with care and not dispose of it without the consent of the Junghans company. Any damages must be reported immediately. The customer is not entitled to take out a lien on the objects under reservation of title or otherwise encumber them with the rights of third parties.
    In the case of default of payment and other serious breach of contract on the part of the customer, Junghans is entitled to withdraw from the contract and to demand surrender of the good under reservation of title.
    In the event of insolvency or in attachment or other third-party access to the good under reservation of title, the customer will inform the third party of Junghans’ ownership of the good and immediately inform Junghans so that Junghans can take measures to secure its ownership rights.
    If the customer is a commercial re-seller, it may sell the good under reservation of title under transfer of ownership. The re-seller’s claim to the price for the good against its customer in this case is assigned in advance to the Junghans company in the full amount of all open claims against the re-seller’s customer, including those from other shipments. The re-seller is in this case entitled to collect the claims. It must pay these sums to the Junghans company to the extent that they are subject to assignment. The re-seller must store the good under reservation of title properly and safely and adequately insure it from loss or damage.
    Should the customer culpably fail in fulfilment of the aforementioned obligations, the customer is liable for the damages inflicted thereby.
  • § 13 Withdrawal on the Part of Junghans
  • If the manufacturer terminates production of the ordered good, or if the shipment is no longer possible for reasons of force majeure, provisions of law or rulings from the authorities, the Junghans company can withdraw from the contract.
    Withdrawal incurs no cost to the extent that the aforementioned conditions were unforeseeable for Junghans at the time the contract was concluded, only became known after the contract was concluded, and Junghans is not responsible for the conditions and failure to deliver. The Junghans company must also demonstrate that it fruitlessly attempted to procure goods of equal type and quality.
    Junghans must inform the customer immediately concerning the inability to deliver and must return any considerations received, especially any advance payments already made, within 21 working days.
    Junghans can withdraw from the contract if the customer is financial collapse, has not paid earlier bills in spite of dunning and without a justifiable reason, or otherwise made inaccurate statements concerning facts relevant to its creditworthiness. The like applies if the customer ceases payments due to objective inability to pay or insolvency proceedings are initiated against its assets.
    Junghans can also withdraw from the contract if the customer deceived Junghans concerning other facts that seem to be likely to pose a danger to continued execution of the contract and warning the customer produces no positive results.
  • § 14 Data Privacy Protection
  • Junghans is obligated to assure data privacy protection in compliance with applicable provisions of law.
    Junghans may store electronic data and may not communicate personal data to manufacturers, suppliers, shipping companies or other third parties, to the extent that this is necessary to process the or for delivery or for the fulfilment of any other legal obligations.
  • § 15 Applicable Law
  • The law of the Federal Republic of Germany applies exclusively to any and all business relationships.
    To the extent that the contracting partner is a registered merchant, Chemnitz is deemed the court of jurisdiction.
  • § 16 Serverability Clause
  • Should one or more provisions of these general terms and conditions prove unenforceable, the enforceability of the remaining terms and conditions will remain unaffected. In this case, a clause will apply that will most closely financially approximate the unenforceable clause.