Terms and Conditions
The company trades through the online shop at URL www.elysee-watches.com.
ELYSEE Uhren GmbH
Heerdter Lohweg 212
Phone.: +49 211 522894-0
Fax: +49 211 522894-27
Corporation tax registration number: DE23497775
Companies’ register: District court Düsseldorf, HRB 49183
ELYSEE Uhren GmbH (Companies’ register: District court Düsseldorf [HRB 49183]) is represented by the managing director:
F.W. Reiner Seume
Goods sold are watches and related articles.
These terms and conditions apply to all contracts between ELYSEE Uhren GmbH (hereafter: ELYSEE Watches) and the customers, who are set up on the online shop.
Customers of ELYSEE Watches may be end consumers or retailers.
A consumer is any person who completes a legal transaction, with a purpose which can not be attributed to their business or professional activities.
Under these terms and conditions a retailer is any legal entity or person, or legally responsible partnership, which undertakes a legal transaction in the execution of its business or professional duties.
2. Creation of the contract; language of the contract
The presentation of products in the ELYSEE Watches online shop creates no legal obligation, but displays a non-binding online catalogue. By clicking on "Confirm Order", you issue a binding order relating to the goods in your basket. Confirmation of the receipt of your order, with acceptance of the order, will be issued immediately after you send it, and at the latest within 24 hours, via email from ELYSEE Watches GmbH. The sending of this email confirmation creates the purchase contract.
The contract language is German.
3. Storage of the contract text
The text of the contract is not stored after completion of the contract and therefore is not available for the customer to view on the website in his member data. Using the print function of the browser, the webpage with the relevant contractual information can be printed during the order process. In addition ELYSEE Watches offers its customers the necessary contractual information in text format.
4. Prices; Payment terms / Payment methods
The amounts listed as purchase prices are understood to be the final price and include all pricing elements, including any taxes due. On occasion there can be additional taxes for cross-border deliveries (e.g. in the case of intra-community purchases) and/ or duties (e.g. customs duty), which are to be paid by the customer.
Payment can be made by advance payment, PayPal or credit card. The customer chooses their preferred option from the available payment methods. Your credit card account is charged with the amount on completion of the order.
Where ELYSEE Watches agrees an advance bank transfer with the customer, the customer is obliged to pay the (whole) amount at the latest within ten days of receipt of the payment demand with no discount. If the customer has not paid by the deadline they will immediately be put in payment arrears with no further explanation.
The customer may only exercise retention rights if the counter claim relates to the same contractual relationship.
5. Delivery Conditions; Transfer of risk
ELYSEE Watches will undertake delivery of the purchased article – as long as there is no other agreement with the customer in place – using the delivery method specified to the delivery address registered by the customer.
Watch delivery is basically free. Is the order value below € 100 the delivery costs inside EU are 13.90 € and outside 29 €.
ELYSEE Watches will ship the purchased article within two working days of successful payment – unless a shorter or longer delivery time has been expressly requested – if ELYSEE Watches and the customer have agreed to advance payment.
ELYSEE Watches indicates that the risk of accidental loss or damage of the purchased goods passes to the companies selling the goods when they or an authorised person accept the goods, and, for distance selling, to the transport company when the goods are accepted by the delivery person.
For contracts with consumers the risk of accidental loss or damage to the purchased goods only passes to the consumer when the goods are handed over to the consumer; this is also true for distance selling.
The risk of accidental loss or damage to the purchased goods also passes to the customer, even when the customer falls into arrears.
6. Right to cancel and consequences
According to the regulations of the Distance Selling Law, buyers have the right to cancel. Where these cancellation rights are exercised by the customer the parties to the contract agree that the user will bear the normal costs of returning the goods, if the price of the item being returned does not exceed EUR 40.00 or, if the price of the items exceeds this amount, the user at the time of cancellation has not yet paid fully or partially for the goods, unless the item delivered does not match the item ordered. Then the user has the right to cancel the contract in accordance with the following cancellation procedure.
Then the user has the right to cancel the contract in accordance with the following cancellation procedure.
You can cancel your contract in writing, without providing any reasons, within a month (e.g. letter, fax, email) or – if you are within the time limit – cancel by sending back the goods purchased. The time limit starts from receipt of this instruction in written form, but not before the goods have been received by the buyer (where there is a recurring delivery, not before the first part delivery has been completed) and also not before the requirements of article 246 § 2 in combination with § 1 paragraph 1 and 2 EGBGB as well as our duties in accordance with § 312g paragraph 1 part 1 BGB in combination with article 246 § 3 EGBGB have been fulfilled. To validate the cancellation deadline it is enough to send the cancellation instruction or goods on time. The cancellation instruction should be addressed to:
ELYSEE Uhren GmbH
Heerdter Lohweg 212
Fax: +49 211 522894-27
Consequences of cancellation
In the case of a successful cancellation the payments received by each party must be returned and, where applicable, benefits already taken (e.g. interest) must be repaid. If you are not able to return the service/goods at all or in full or only in a damaged state (e.g. benefits of use), you must pay us compensation. No compensation is due for wear and tear resulting from the acceptance of goods in accordance with the terms and conditions. Compensation must only be paid for use, where you have used the product beyond checking its features and finding out how it works. Under "checking its features and finding out how it works" we mean testing and trying out the product, as would be normal and expected in a physical store. Items that can be packaged up and sent by post are sent back at our risk. You must pay the standard cost of postage, if the goods delivered match the items ordered and if the price of the item to be returned is not more than 40 Euro, or, where the item costs more than 40 Euro, if you have not already paid in part for the item or provided consideration for the item at the time of cancellation. In other cases the return of the goods is free. Items that can not be posted will be collected. Repayments of monies must be completed within 30 days. The time limit starts for you when you send off your cancellation instruction or the item being returned; for us it starts on receipt of the instruction or goods.
End of the cancellation procedure
7. Reservation of proprietary rights
Until the customer has paid for the goods in full ELYSEE Watches retains its rights over the goods.
8. Communication of damage during transportation
The customer will assist ELYSEE Watches as best they can where damage has occurred during transportation, as regards claims against the relevant transport company and validating insurance claims. In the event of any customer claims, especially those concerning missing goods, these are not impacted by paragraphs 8.1. and 8.2. of these terms and conditions. Nor do these place any time limit on the rights of the customer in accordance with paragraph 9. of these terms and conditions.
The customer will check the goods delivered. Where transportation damage can be seen externally the customer is still obliged to accept the delivery, but to make note of the damage on the despatch documents on acceptance and to request a receipt from the delivery man; the packaging should be retained.
If the (partial) loss or damage is not visible from the outside, the customer must notify ELYSEE Watches within five days of delivery or the delivery company within seven days, to ensure that eventual claims against the delivery company can be filed on time.
9. Warranty conditions
Where the goods sold are lacking, the conditions of the guarantee apply.
10. Our Liability
ELYSEE Watches is liable, according to the legal regulations, for death or personal injury caused by our gross negligence or wilful misconduct or for other losses, caused by our wilful misconduct or gross negligence or fraudulent misrepresentations. In addition there is no limit on the responsibility of ELYSEE Watches for losses covered by liability according to current regulations, such as the German Product Liability Act, or resulting from the taking over of warranties.
ELYSEE Watches will only be held liable for losses not covered by paragraph 10.1. and caused by our negligence, insofar as this negligence concerns the fulfilment of contractual conditions, the completion of which is only possible by fulfilling the contract in the normal way and on which the customer may be expected to rely (so-called cardinal sins). The liability of ELYSEE Watches is however limited to those losses reasonably foreseeable at the time the contract was created.
ELYSEE Watches is liable to users in cases of negligence with regards to contractual obligations, not covered by paragraph 10.1. or paragraph 10.2. (so-called immaterial contractual obligations) only where the damage arising is foreseeable and typical of such contracts.
All further liability is excluded.
11. Final clauses
The applicable law is the law of the Federal Republic of Germany.
The choice of law according to provision 11.1. applies to those users who are completing a contract, not for business or commercial purposes, but does not take away the expected protection afforded them by the legal requirements of the country in which they normally reside.
The regulations of the United Nations agreement regarding contracts for the sale of international goods are not relevant (UN Convention on Contracts for the International Sale of Goods).
The exclusive court of jurisdiction for all disputes arising from this contract is that of the business headquarters of ELYSEE Watches, as long as the customer is a business man, a legal person under public law or a special investment fund under public law. If a customer as a business has no general court of jurisdiction in Germany or if the domicile or usual place of residence of the business is not known at the time the dispute arises, the only court of jurisdiction will be that of the ELYSEE Watches company headquarters. ELYSEE Watches reserves the right to call on another legal jurisdiction if required.
Obligation to inform in accordance with the battery act
In connection with the sale of batteries or accumulators or with the supply of appliances that contain batteries or accumulators, we are obliged to make you aware of the following, in accordance with the Battery Act:
Batteries must not be disposed of in household waste. As the end consumer you are legally required to hand in used batteries. After use you can return batteries to the store of purchase or a collection point nearby (e.g. at community recycling stations) without charge.
Batteries and accumulators that are required to be marked as such will have one of the following symbols: a wheelie bin with a cross through it or the chemical symbol for classification as harmful heavy metal. Both symbols mean the same.