Provider Identification:

Miquel Schmuck & Uhren GmbH
represented by the Managing Director: Frank Miquel
Hauptstraße 42
96358 Teuschnitz - Germany
Entry in the commercial register: District Court of Coburg
Registration number: HRB 3607
Telephone: 09268 / 913864
Mobile: 0170 / 1961001
Fax: 09268 / 9139356
E-mail: info@uhren-miquel.de
VAT registration number according to § 27 a of the German Value Added Tax Act (Umsatzsteuergesetz, UStG): DE 813576557



General Terms and Conditions (GTC) and Information

(Part II of the following GTC also contains legal information on your rights in electronic business transactions as well as other mandatory information for consumers)

Part I: General Terms and Conditions:

§ 1 Definitions

§ 2 Scope of the GTC for traders

§ 3 Retention of title

§ 4 Warranty

§ 5 Damage in transit

§ 6 Applicable law

§ 7 Place of jurisdiction


Part II: Consumer Information and Information on E-Commerce

1. Contract language

2. Conclusion of contract and technical steps leading to the conclusion of contract

3. Correction of input errors before sending an order

4. Storage of the contract text

5. Payment arrangements

6. Delivery arrangements

7. Prices and shipping costs

8. Customs and import duties for deliveries to third countries (e.g. Switzerland, USA)

9. Information about warranty conditions and guarantees

10. Consumer’s right to cancel

11. Essential characteristics of the goods or services

12. Seller’s identity and address for service of summons

13. Online dispute resolution (ODR platform)

14. Dispute resolution according to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG)

15. Exemption from providing take-back of waste electrical and electronic equipment

16. Privacy

17. Information according to the German Batteries Act (Batteriegesetz, BattG)

18. Sample cancellation form


§ 1 Definitions

(1) If special rights and obligations are agreed in these GTC only for consumers according to § 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) or only for traders according to § 14 BGB, the following definitions shall apply:

(2) A consumer is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor self-employed occupational activity.

(3) A trader in the sense of § 14 BGB is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.


§ 2 Scope of the GTC

(1) If the Buyer is a trader in the sense of § 14 BGB (see § 1(3) GTC), these GTC shall apply exclusively. The Buyer’s GTC shall only apply to the extent that the Seller has expressly agreed to them in writing prior to the respective conclusion of contract.

(2) If the Buyer is a trader in the sense of § 14 BGB (see § 1(3) GTC), these GTC shall also apply to all future transactions between the contracting parties.

(3) If a purchase of our goods is made via the www.chrono24.de platform using the “Trusted Checkout” service offered by www.chrono24.de, the Trusted Checkout GTC of www.chrono24.de shall apply to this service. The Trusted Checkout GTC of www.chrono24.de are brought to the attention of the Buyer before the conclusion of a contract by www.chrono24.de and are sent to the Buyer in text form by e-mail after the conclusion of the contract.


§ 3 Retention of title

The ordered goods shall remain the property of the Seller until full payment. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the Seller.


§ 4 Warranty

(1) The warranty for new as well as unworn items is 24 months from delivery of the goods to the Buyer. The warranty for used items is one year from delivery to the Buyer. Claims for damages are excluded and are governed by the statutory provisions.

(2) In all other respects, the Buyer’s claims against the Seller in the event of defects shall be governed by the statutory provisions.


§ 5 Damage in transit

(1) If the Buyer is a consumer (see § 1(2) GTC), we request that goods with obvious damage to the packaging or contents be reported to the carrier or that acceptance be refused. In this case, we also ask the Buyer to contact us immediately by e-mail, fax or post.

(2) If hidden defects are discovered, we also ask you to notify us immediately.

(3) A restriction of the warranty rights, rights to cancel and limitation periods is not associated with the above provisions.

(4) If the Buyer is a trader in the sense of § 14 BGB (see § 1(3) GTC), said Buyer must inspect the goods immediately after receipt for damage in transit. Any ascertainable damage in transit must be reported to the Seller in writing immediately. Damage to packaging must be confirmed in writing by the transport company upon acceptance of the goods. If such a defect is discovered later, the notification must be made immediately after discovery.


§ 6 Applicable law
All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of law provisions. For consumers (see § 1(2) GTC), this choice of law shall therefore only apply to the extent that mandatory provisions of the law of the country in which the consumer has their habitual residence are not contrary to the provisions of these GTC. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.


§ 7 Place of jurisdiction

For disputes arising from or in connection with the delivery of the goods and/or these GTC, the courts at the registered office of the Seller shall have exclusive jurisdiction, provided that the Client is a business, a legal entity under public law, a separate estate under public law or without permanent residence in Germany, the Client has moved their domicile or place of habitual residence abroad after these GTC came into effect or if the Client’s domicile or place of habitual residence is not known at the time of taking legal action.


Part II: Consumer Information and Information on E-Commerce

1. Contract language

The contract language is German. Any translations of the GTC serve only as a reading aid. In the event of disputes or questions of interpretation, the German version of the GTC shall be exclusively applicable.


2. Conclusion of contract and technical steps leading to the conclusion of contract

a) Conclusion of contract via uhren-miquel.de as well as via http://miquel.trauringe-kuehnel.de:

(1) The product descriptions in the online shop are not binding offers on the part of the Seller, but serve the purpose of submitting a purchase offer by the Buyer.
(2) By sending the order, the Buyer makes a binding offer for the goods ordered at the price shown. After receipt of the order, the Buyer shall receive an e-mail confirming receipt of the order. This confirmation e-mail shall also contain the GTC - which contain mandatory information for the Buyer - as well as the Seller’s Cancellation Policy in text form. We ask the Buyer to print out the GTC and the Cancellation Policy for their records and to save them permanently. This e-mail is merely a confirmation that the Buyer’s order has been received and does not constitute an acceptance of the Buyer’s offer by the Seller.
(3) The Buyer’s offer shall be accepted with payment by bank transfer or PayPal and with the dispatch of the goods by credit card. When the goods are shipped, the Buyer shall receive a message from the Seller by e-mail.
(4) In the case of agreed collection of the goods at the Seller’s business premises, the purchase contract shall only be concluded upon payment and handover of the goods at the Seller’s business premises.
(5) If the possibility of concluding a payment by instalments (purchase contract with payment by instalments) is offered by the Seller in the product descriptions in the online shop, the contract is concluded in accordance with paragraph d) of this clause.


b) Conclusion of contract via www.chrono24.com:

(1) If the purchase is made on www.chrono24.de via the “Trusted Checkout” service offered by chrono24.de, the conclusion of contract is governed by the Trusted Checkout GTC of www.chrono24.de for this service. These GTC are brought to the attention of the Buyer before the conclusion of a contract by www.chrono24.de and are sent to the Buyer in text form by e-mail after the conclusion of the contract. For details on the conclusion of a contract when using the “Trusted Checkout” service, please refer to the Trusted Checkout GTC of www.chrono24.de.
(2) If the purchase on www.chrono24.de does not take place via the “Trusted Checkout” service offered by chrono24.de, the contract is concluded as follows:
(3) The Seller’s product descriptions on the www.chrono24.de online portal are not binding offers on the part of the Seller, but serve only as information for the Buyer.
(4) If the Buyer sends a message to the Seller, this does not constitute submitting a binding offer. Rather, this is merely a request from the Buyer to the Seller to receive a binding offer from the Seller.
(5) The Seller shall send a binding offer to the Buyer by e-mail in response to the Buyer’s request. This offer also contains the Seller’s GTC - which contain mandatory information for the Buyer - as well as the Seller’s Cancellation Policy in text form. We ask the Buyer to print out the GTC and the Cancellation Policy for their records
and to save them permanently.
(6) The purchase contract is concluded by the Buyer’s declaration of acceptance or by payment of the price stated in the offer.


c) Conclusion of contract via www.trustedwatch.de:

(1) The Seller’s product descriptions on the www.trustedwatch.de online portal are not binding offers on the part of the Seller, but serve only as information for the Buyer.
(2) If the Buyer sends a message to the Seller, this does not constitute submitting a binding offer. Rather, this is merely a request from the Buyer to the Seller to receive a binding offer from the Seller.
(3) The seller will send a binding offer to the buyer by e-mail in response to the buyer’s request. This offer also contains the Seller’s GTC - which contain mandatory information for the Buyer - as well as the Seller’s Cancellation Policy in text form. We ask the Buyer to print out the GTC and the Cancellation Policy for their records and to save them permanently.
(4) The purchase contract is concluded by the Buyer’s declaration of acceptance or by payment of the price stated in the offer.
d) Purchase contract with payment by instalments
If a purchase in instalments via an external credit institution (CreditPlus Bank AG Augustenstr. 7, 70178 Stuttgart) is offered during the ordering process, the purchase contract is concluded as follows:
(1) By clicking the button finalising the order process, the Buyer makes a binding offer to conclude a purchase contract with the Seller.
(2) After sending their contractual declaration, the Buyer is forwarded to the Creditor’s selection mask. On the Creditor’s selection mask, the Buyer can then specify the details of the instalment credit (in particular the amount of the monthly instalment and the
term of the credit agreement). After the Buyer has sent the financing request to the Creditor via the selection mask, the Buyer shall immediately receive a preliminary - but non-binding - credit decision from the Creditor by e-mail. If the Buyer receives preliminary approval from the Creditor, the Creditor shall simultaneously send the Buyer the credit agreement by e-mail. The Buyer shall print out the credit agreement and return the completed and signed credit agreement to the Creditor. After a final review of the credit agreement by the Creditor, the Buyer and the Seller will be notified by the Creditor of the Creditor’s decision regarding the Buyer’s credit application.
(3) If the Creditor rejects the conclusion of the instalment contract after the final review, no purchase contract with the Seller shall be concluded.
(4) The Seller shall accept the Buyer’s binding offer referred to in paragraph (1) subject to the condition precedent that the Buyer’s credit application is approved by the Creditor and the goods are dispatched to the Buyer. The purchase contract between the Buyer and the Seller is thus concluded as soon as the Creditor bindingly approves the credit application; this decision made by the Creditor is delivered to the Buyer and the Seller ships the goods to the Buyer. When the goods are shipped, the Buyer shall receive a message from the Seller by e-mail.
(5) The mediation of the Creditor by the Seller is free of charge.


e) Conclusion of contract by fax, e-mail or telephone:

The Buyer can also request a non-binding offer from the Seller by telephone, fax or e-mail. In this case, the Seller shall send the Buyer a binding offer including the required mandatory information within 7 working days after request by telephone, fax, e-mail or letter, whereby the deadline is kept by the time the offer is received by the Buyer. The Buyer may then accept the Seller’s offer within 7 working days of receipt of the offer, again by telephone, fax, e-mail or letter, whereby the deadline is kept by the time the Buyer sends a fax, an e-mail or a letter within the time limit or accepts the Seller’s offer within the deadline by telephone. If the Buyer does not accept the Seller’s offer by telephone within the aforementioned period or does not send their declaration of acceptance by e-mail, fax or letter within the time limit, the Seller’s offer shall be deemed rejected and the contract shall not be concluded. In this case, the Seller shall also no be longer bound by their offer.


3. Correction of input errors before sending an order

You can check your order on a separate page before the final shipment. You can then correct input errors on the previous page by clicking the “back” button of your Internet browser or via a corresponding correction function of the online shop in the order process.


4. Storage of the contract text

The order data, the GTC and the Cancellation Policy shall be sent to the Buyer with the order confirmation from the Seller by e-mail in text form. In addition, the contract text shall be stored on the Seller’s internal system and sent to the Buyer again by e-mail upon request.


5. Payment arrangements

a) Payment of the purchase price is made by using the payment options offered in the order process.
b) Payment by instalments requires prior agreement/arrangement with the Seller.
c) In the event of a delay in payment, the Seller shall be entitled to withdraw from the contract, provided that they have unsuccessfully set the debtor a reasonable deadline for performance or subsequent performance.


6. Delivery arrangements

1) Unless otherwise agreed prior to the conclusion of the contract, the delivery of the goods is generally affected by sending the goods to the address provided by the Buyer within Germany or to the countries which can be selected during the ordering process. Deliveries to other countries are excluded.
2) The maximum delivery time within Germany for all items that are marked in our shop as “in stock” is 3 working days for prepayment (e.g. bank transfer, PayPal, etc.) (excluding Sundays and public holidays) after the payment order has been issued to the transferring bank by the Buyer. If cash on delivery or purchase on account is offered, the maximum delivery time is 3 working days (excluding Sundays and public holidays) after conclusion of the contract.
The maximum delivery time to the other countries that can be selected during the ordering process is 5 working days (excluding Sundays and public holidays) after the payment order has been issued to the transferring bank by the Buyer. If cash on delivery or purchase on account is offered, the maximum delivery time is
5 working days (excluding Sundays and public holidays) after conclusion of the contract.
3) The maximum delivery time within Germany for all other items is 28 working days (excluding Sundays and public holidays) after the payment order has been issued to the transferring bank by the Buyer. If cash on delivery or purchase on account is offered, the maximum delivery time is 28 working days (excluding Sundays and public holidays) after conclusion of the contract. The maximum delivery time to the other countries that can be selected during the ordering process is 31 working days (excluding Sundays and public holidays) after the payment order has been issued to the transferring bank by the Buyer. If cash on delivery or purchase on account is offered, the maximum delivery time is 31 working days (excluding Sundays and public holidays) after conclusion of the contract.
4) Delivery times for custom-made products shall be agreed separately with the buyer.
5) Due to circumstances beyond the Seller’s control, such as force majeure, operational disturbances, etc., delivery of the goods may be delayed. The Seller shall inform the Buyer of this immediately. The Buyer’s rights remain unaffected,
in particular, the Buyer is entitled to cancel the contract after setting a reasonable grace period.
6) If delivery is impossible due to circumstances beyond the Seller’s control, claims relating to delivery are excluded. In the event of non-fulfilment of the contract, the Seller shall inform the Buyer immediately of the impediment of service and refund any payments already made by the Buyer.
7) Please note that the Seller bears the risk of loss of or damage to the goods in transit, irrespective of any transport insurance, if the Buyer is a consumer within the meaning of § 13 BGB (see § 1(2) GTC).
8) The seller is free to choose the transport company.


7. Prices and shipping costs

1) The prices stated in the respective offers contain the legal German VAT as well as other price components plus separately indicated shipping costs.
If the item sold is subject to differential taxation (used goods), the sales prices include the VAT to be paid by the Seller in accordance with § 25 a UStG plus separately indicated shipping costs. In the case of differential taxation, the VAT cannot be shown.
2) The separately indicated shipping costs apply to shipping within Germany and to the other countries that can be selected when ordering. The shipping costs shall be clearly communicated to the Buyer before submitting their contract declaration.


8. Customs and import duties for deliveries to countries outside the EU

Please note that in the case of delivery to countries outside the European Union (third countries), additional customs duties or taxes may be incurred as soon as the purchased goods have reached the third country. These additional customs duties or taxes are at the expense of the Buyer. The Seller has no control over these charges and cannot predict the amount, as customs regulations vary considerably from country to country. In the case of delivery to a third country, we recommend that the Buyer enquire about possible customs duties or local taxes at the customs office responsible for the third country.


9. Information about warranty conditions and guarantees

a) Information about the warranty conditions can be found in § 4 GTC.
b) If the Seller grants an additional voluntary guarantee, the Buyer’s statutory warranty rights shall not be restricted thereby. Rather, the guarantee shall apply in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion against the Seller can be taken from the respective guarantee statement.


10. Consumer’s right to cancel

If you conclude a legal transaction for a purpose attributed neither to a mainly commercial nor self-employed occupational activity (consumer in the sense of § 13 BGB), you are generally entitled to the following right to cancel.


Cancellation Policy

Right to cancel

You have the right to cancel this contract within fifteen days without giving any reason. The cancellation period is fifteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the last goods.
To exercise your right to cancel, you must inform us [Miquel Schmuck & Uhren GmbH, Hauptstraße 42, 96358 Teuschnitz, info@uhren-miquel.de, Tel.: +49 (0) 92 68/91 38 64; Fax: +49 (0) 92 68/9 13 93 56] of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the sample cancellation form attached hereto, which is, however, not mandatory. In order to comply with the cancellation period, you must send your notification that you are exercising your right to cancel before the expiry of the cancellation period.

Consequences of cancellation
If you cancel this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fifteen days of the day on which we received notification of your cancellation of this contract. For refunds, we shall use the same means of payment that you used for the

original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.

We may refuse to issue a refund until we the goods have been returned to us or until you have provided proof that you have sent the goods back to us, whichever is the earlier.

You must return or hand over the goods to us [Miquel Schmuck & Uhren GmbH, Hauptstraße 42, 96358 Teuschnitz] immediately and at the latest within fifteen days of the day on which we received notification of your cancellation of this contract. The deadline shall be met if you send the goods before the expiry of fifteen-day deadline.

You are responsible for the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value can be attributed to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

Exclusion or premature expiry of the right to cancel
The right to cancel does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or stipulation by the consumer is decisive or which are clearly tailored to the personal requirements of the consumer.

11. Essential characteristics of the goods or services

The essential characteristics of the goods or services can be found in the Seller’s offers.


12. Seller’s identity and address for service of summons

Our identity and our address for service of summons are as follows:
Miquel Schmuck & Uhren GmbH
represented by the Managing Director: Frank Miquel
Hauptstraße 42
96358 Teuschnitz
Germany


13. Online dispute resolution (ODR platform)

The EU Commission provides an online platform for dispute resolution (ODR platform) with online retailers. The ODR platform is intended to be used for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. This ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/


14. Dispute resolution according to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG)

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


15. Exemption from providing take-back of waste electrical and electronic equipment

We are not obliged to take back waste electrical and electronic equipment.


16. Privacy

Our Privacy Policy is available at:


17. Information according to the German Batteries Act (Batteriegesetz, BattG):

Please note the following “required information for end users” according to the German Batteries Act. “End-users” means people who use batteries or products with built-in batteries and do not resell them in the form supplied to them.
Obligation to dispose of used batteries / accumulators:
As an end user, you are legally obliged to return batteries and accumulators. After use, you can return them free of charge to a collection point set up for this purpose by the public waste disposal authorities (municipal collection point) or to your local retailer (distributor).
As a distributor of batteries, we are also obliged to take back used batteries from end users free of charge at or in the immediate vicinity of our sales outlet [Miquel Schmuck und Uhren GmbH, Hauptstr. 42, 96357 Teuschnitz]. The obligation to provide take-back is limited to used batteries of the type that we carry or have carried as new batteries in our range, and to the quantity that end users normally dispose of. If the aforementioned conditions are met, you may also return your used battery, with sufficient postage, to the aforementioned address of our sales outlet.
Meaning of symbols:
Batteries containing harmful substances are marked with a symbol showing a crossed-out dustbin.
This symbol means that you must not dispose of batteries in household waste. Batteries containing more than 0.0005% mercury by mass, more than 0.002% cadmium by mass or more than 0.004% lead by mass are marked below the above symbol (crossed-out dustbin) with the chemical symbols of the metals (Hg, Cd, Pb) contained in the battery. “Cd” stands for cadmium, “Hg” for mercury and “Pb” for lead. 


18. Sample cancellation form.


(Sample) Cancellation Form

If you want to cancel the contract, please fill out this form and return  it to: Miquel Schmuck & Uhren GmbH, Hauptstraße 42, D - 96358 Teuschnitz, Fax : 09268 / 9139356, E-Mail: info@uhren-miquel.de


Return address for goods:

Miquel GmbH - Hauptstr. 42, D - 96358 Teuschnitz.

- I/we (*) herewith cancel the contract I/we (*) have concluded for the purchase of the following goods


(*)/ the provision of the following service (*):

______________________________________________

- Ordered on (*)/received on (*):

______________________________________________

- Name of consumer(s):

______________________________________________

- Address of consumer(s):

______________________________________________

Signature of the consumer(s):

_________________________ Date:___________

(*) Please delete as appropriate.



Last update of our GTC and information: 04.03.2021.

Frank Miquel
Everyone who orders a product online needs of course absolutely trust in the owner of the website. Since you can be glad, our long-standing employees and me are likely available for you, whether via mail, phone or at our stationary shop. Our team and me are likely available for you, equally after the purchase. Smooth out every question before your order and ask us, we look forward to it!
We look forward to your call at: +49 9268/913864
Or in writing by e-mail to: info@uhren-miquel.de