Sinn Spezialuhren GmbH ●
Wilhelm-Fay-Straße 21 ●
65936 Frankfurt am Main ●
+49 (0)69-978414-200

General Terms and Conditions

of Sinn Spezialuhren GmbH, Wilhelm-Fay-Straße 21, 65936 Frankfurt am Main, Germany, telephone: +49 (0)69 978414-0, fax: +49 (0)69 978414-201, e-mail: info@sinn.de, represented by the Managing Director chartered engineer Lothar Schmidt, Frankfurt am Main District Court, Commercial Register HRB 38841, VAT ID: DE249383321


§ 1 General information, scope of the General Terms and Conditions

1.1 All deliveries and services shall be provided solely on the basis of the following General Terms and Conditions (hereinafter ‘GTC’) in the version valid at the time when the order is placed. The contracting partner is Sinn Spezialuhren GmbH (hereinafter ‘Vendor’ or ‘we’). Both consumers and business owners may be customers within the meaning of these GTC (hereinafter ‘Customer’). Consumers within the meaning of the Terms and Conditions are natural persons who conclude contracts for a purpose which can be attributed neither to their commercial nor their professional activity. Business owners within the meaning of the Terms and Conditions are natural persons or legal entities or partnerships with legal capacity who, when concluding contracts, deal with the Vendor in exercise of their commercial or self-employed professional activity.

1.2 If the Customer is a business owner, our GTC shall apply exclusively. Deviating GTC of the contractual partner are not recognised by us in this case, unless we had agreed to their validity in writing. Our GTC shall also apply if we unreservedly perform delivery to the contractual partner, even though we are aware that the partner has divergent terms and conditions. Our GTC also apply to all future business relations with business owners, even if they are not expressly mentioned again in agreements.


§ 2 Conclusion of contract, formation of contract

2.1 You can order from us by fax or post using the order form enclosed with the catalogue, at our online shop, by e-mail or by phone. We would also be pleased to welcome you to our showrooms during our business hours as stated. Our offers and product presentations do not constitute a binding offer. Only your order placement is a binding offer pursuant to Section 145 German Civil Code (BGB), which we may accept. When your order is accepted by us, you will receive an order confirmation by e-mail, fax or letter within 1 week of sending your order to us. The contract is concluded when this confirmation is issued.

2.2 When ordering from our online shop, you can view products in more detail by clicking on the product image and place them in the shopping basket by clicking on ‘Add to basket’. You can view the contents of the basket at any time by clicking on ‘Shopping basket’. The products can be removed from the shopping basket or changed by clicking on ‘Remove item’ or ‘Change’. If you want to buy the products in your shopping basket, click on the [Checkout] button on the ‘Shopping basket’ page. In the remainder of the ordering process, please enter the information required for your order and delivery and select your preferred payment method. In the last step, you will be shown an overview of your order information in the ‘Order summary’. You can then check all the information and delete or change items using the ‘Change items’ or ‘Correct’ functions. You can also correct input errors by navigating backwards in your browser, or by cancelling the order process and starting again from the beginning. You must press the [Buy] button to complete your purchase. In doing so, you will place the order with us.

2.3 If you wish to place an order with us for inspection, repair, retrofitting or reconditioning of your Sinn watch, you can leave the watch in person at our customer services office in Frankfurt. If you wish to send us your Sinn watch, please fill out our service order form and print it out. Then sign the order form and send it to us, along with your Sinn watch. When we receive your Sinn watch, you will receive confirmation of receipt from us. Once we have inspected the watch, we will send you a quote. You can confirm or reject this quote by e-mail, fax, letter or by telephone. The service contract becomes binding when we receive your approval of the costs. You will receive an order confirmation in this respect. Once the statutory revocation period has expired, the watch is forwarded to our workshop and we start to perform the service. You may, however, also specify on the order form that we should begin to provide the service prior to expiration of the statutory revocation period.


§ 3 Saving of contract text

We will save your order and the order data that you entered. We will send you a confirmation of order placement by e-mail and then an order confirmation with all the order data. You also have the option of printing both the order and the GTC before submitting the order to us.


§ 4 Consumers’ right of revocation for the purchase of goods (watches, accessories, etc.)

The following right of revocation is only applicable to consumers in relation to the distance selling of goods:

Revocation instructions
Right of revocation
You have the right to withdraw from this contract within fourteen days of conclusion without the need for explanation.
The revocation period is fourteen days from the day on which you, or any third party designated by you who is not the carrier, takes possession of the goods.

To exercise your right of revocation, you must inform us (Sinn Spezialuhren GmbH, Wilhelm-Fay-Straße 21, 65936 Frankfurt am Main, telephone: +49 (0)69 978414-0, fax: +49 (0)69 978414-201, e-mail: info@sinn.de) of your decision to withdraw from this contract by means of a clear statement (e.g. e-mail, fax or a letter sent by post). You may use the attached template revocation form for this purpose, although its use is not compulsory.

Sending notification stating that you wish to exercise your right of revocation within the revocation period is sufficient to meet the cancellation deadline.

Consequences of revocation
If you withdraw from this contract, we will refund all payments that we received from you, including shipping costs (except for additional costs that may arise if you choose a mode of shipment other than the most cost-efficient standard mode of shipment that we offer), without delay and at least within fourteen days from the day we received the notification of withdrawal from this contract. We will use the same method of payment for reimbursement that you used in the original transaction, unless otherwise expressly agreed upon with you; you shall not be charged any fees for reimbursement. We may refuse reimbursement until the goods have been returned to us or until you have demonstrated that you have shipped the goods back, whichever comes first.

You shall ship back or deliver the goods to us without delay and in any event, not later than fourteen days from the date on which you notified us of your withdrawal from this contract. The deadline is met if you send the goods before expiry of the fourteen-day period. You shall bear the direct cost of returning the goods.

You only need to pay for any diminished value of the goods if a test of the nature, characteristics, and functioning of the goods shows that the loss in value is due to your unnecessary handling of them.

The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and the production of which an individual choice or decision by the consumer is required, or which are clearly tailored to the personal needs of the consumer.


§ 5 Consumers’ right of revocation for services (inspection, repair, retrofitting or reconditioning, etc.)

The following right of revocation is only applicable to consumers in relation to the distance selling of goods when ordering services:

Revocation instructions
Right of revocation
You have the right to withdraw from this contract within fourteen days of conclusion without the need for explanation.
The revocation period is fourteen days from the date of concluding the contract.

To exercise your right of revocation, you must inform us (Sinn Spezialuhren GmbH, Wilhelm-Fay-Straße 21, 65936 Frankfurt am Main, telephone: +49 (0)69 978414-0, fax: +49 (0)69 978414-201, e-mail: info@sinn.de) of your decision to withdraw from this contract by means of a clear statement (e.g. e-mail, fax or a letter sent by post). You may use the attached template revocation form for this purpose, although its use is not compulsory.

Sending notification stating that you wish to exercise your right of revocation within the revocation period is sufficient to meet the cancellation deadline.

Consequences of revocation
If you withdraw from this contract, we will refund all payments that we received from you, including shipping costs (except for additional costs that may arise if you choose a mode of shipment other than the most cost-efficient standard mode of shipment that we offer), without delay and at least within fourteen days from the day we received the notification of withdrawal from this contract. We will use the same method of payment for reimbursement that you used in the original transaction, unless otherwise expressly agreed upon with you; you shall not be charged any fees for reimbursement.

If you requested that the services should start during the revocation period, you have to pay us a reasonable amount corresponding to the portion of the services already provided up to the date on which you inform us about exercising the right of revocation with respect to this contract, in proportion to the total amount of the services covered by the contract.

The right of revocation shall lapse in the case of a contract for the provision of services if the business owner has provided the service in full and had started to perform the service only after the consumer had given their explicit consent and, at the same time, confirmed that they are aware that they lose their right of revocation when the business owner has performed the contract in full.


§ 6 Template revocation form for consumers

(If you would like to withdraw from the contract, please complete this form and send it back.)

To
Sinn Spezialuhren GmbH
Wilhelm-Fay-Straße 21
65936 Frankfurt am Main
Germany

Fax: +49 (0)69 978414-201
E-mail: info@sinn.de:

I/We (*) hereby revoke the contract concluded by me/us (*) relating to the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if paper communications are used)
Date

(*) Delete as appropriate.


§ 7 Prices and shipping costs

7.1 All prices are inclusive of VAT plus shipping costs. We deliver using a provider of our choice.

7.2 Price changes and pricing errors in our printed catalogue are excepted.

7.3 For deliveries within the European Union (EU), German VAT is applied at the rate of 19%. Deliveries outside the EU are shipped VAT-free. Deliveries outside the EU are subject to additional customs duties and fees. Further information in this respect can be found on our website: Customer information.


§ 8 Delivery terms and conditions

8.1 We deliver worldwide.

8.2 Delivery ex warehouse is agreed in the case of business owners, unless stated otherwise on the order confirmation. Shipping is always at the risk of the Customer, even when delivered from a location other than the place of performance, and even when sent carriage-free and/or by our own people or vehicles.


§ 9 Payment terms

9.1 Payment may be made in advance by bank transfer, by PayPal, credit card (we accept AmEx, Visa, Master Card) or, in the case of services referred to in 2.3 of these GTC, on account. We reserve the right to exclude specific payment types. Overseas deliveries must always be paid in advance.

9.2 The following provides information on each type of payment:

9.2.1 If you choose to pay in advance, we will include our bank details on the order confirmation.

9.2.2 If you pay using PayPal, you will be redirected from the ordering process straight to the payment pages, where you can pay directly.

9.2.3 Payments by credit card are handled by the external payment service providers Commerzbank AG, Kaiserplatz, 60311 Frankfurt am Main, Germany and PaySquare SE, Eendrachtlaan 315, 3526LB Utrecht, Netherlands. You will be redirected from the ordering process straight to the payment pages, where you can pay directly. Further information about data protection policy as well as other legal information can be found under the following links.
Commerzbank AG: https://www.commerzbank.de/portal/de/footer1/recht/rechtliche_hinweise.html and
PaySquare SE: http://www.paysquare.eu/en/privacystatement.jsp

9.2.4 If you are paying personally in our showroom, we accept payment by debit card or credit card in addition to cash. We do not accept payment by cheque.

9.3 If you have commissioned one of our services in accordance with 2.3 of these GTC, the invoice is enclosed in your package when we return it or when you collect it. The invoice amount must be transferred to us within 10 days.

9.4 In the case of consumers, we reserve ownership of the purchased goods until full payment of the invoice amount. If you are a business owner in exercise of your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased goods until settlement of all outstanding claims arising from the business relationship with the buyer. The relevant security interests are transferable to third parties.

9.5 If you are a consumer, once you are in default of payment, interest is payable on the purchase price during the period of default at 5 percentage points above the base interest rate. If you are in default of payment, we are entitled to charge reminder fees in the amount of EUR 10.00 per reminder and, if applicable, legal costs. If you are not a consumer, the interest rate is 9 percentage points above the base interest rate during the period of default. We are further entitled to assert claims against companies for compensation in the amount of EUR 40.00 in the event of default of payment. We reserve the right to prove that the damage incurred by such a default is greater and to assert a higher claim.


§ 10 Warranty

10.1 If you are a consumer and you place the order with us for a purpose which can be attributed neither to your commercial nor your professional activity, the warranty is subject to the statutory provisions.

10.2 If you place your order with us as a business owner, the following applies:

10.2.1 Supplied goods shall be inspected by the Customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is revealed, it must be notified without delay. If the Customer fails to notify the defect, the goods shall be regarded as approved, unless it involves a defect that was not identifiable during the inspection. If a defect of this type is subsequently revealed, it must be notified immediately after discovery, otherwise the goods shall be considered approved despite this defect. Section 377 German Commercial Code (HGB) remains unaffected. The Customer is not relieved of their duty to inspect the goods even in the case of recourse on the part of the business owner in accordance with Section 478 German Civil Code (BGB). If they do not immediately notify the defect asserted by their buyer in these circumstances, the goods shall be deemed approved even in view of this defect.

10.2.2 If a defect is present, we are entitled to determine the type of remedial action, taking into account the nature of the defect and the legitimate interests of the Customer. In these contracts, any remedial action is considered to have failed after the third unsuccessful attempt. This subsection does not apply in the case of recourse as defined in Section 478 BGB.

10.2.3 In the event of remedial action for defects, we are only obliged to bear necessary expenses, in particular transportation, travel, labour and material costs, insofar as these expenses are not increased through the item having been moved to a location other than the Customer’s headquarters or commercial branch to which it had been delivered. This subsection does not apply in the case of recourse as defined in Section 478 BGB.

10.2.4 The Customer’s warranty claims, including compensation claims, become time-barred in one year. This does not apply in the case of recourse according to Section 478 BGB. Furthermore it does not apply in the cases covered by Sections 438 Para. 1 No. 2 BGB and Section 634a Para. 1 No. 2 BGB. This also does not apply to claims for damages due to injury of life, body or health, or due to a grossly negligent or deliberate breach of duty by us or our vicarious agents.

10.3 The warranty period for used items is one year.


§ 11 Liability for compensation and reimbursement of expenses

11.1 If you are a consumer and you place the order with us for a purpose which can be attributed neither to your commercial nor your professional activity, we accept liability for damages in accordance with statutory provisions.

11.2 If you place your order with us as a business owner, the following applies in the case of our contractual liability for compensation in accordance with subsections 11.2 to 11.8:

11.2.1 If the claims are based on an intentional or negligent breach of duty on our part, by our representatives or by our vicarious agents, we shall be liable for compensation according to the statutory provisions.

11.2.2 If, through slight negligence, we or our representatives or vicarious agents violated a duty, the fulfilment of which enables the proper performance of the contract in the first place and the breach of which jeopardises the fulfilment of the purpose of the contract and on compliance in which the Customer usually places their trust, liability is limited to the foreseeable, typically occurring damage.

11.2.3 Unless specified otherwise under subsections 11.2.1 and 11.2.2, our liability for compensation is excluded. The same also applies insofar as claims for recourse are asserted against us as suppliers pursuant to Section 478 BGB.

11.3 The liability exclusions and limitations under subsection 11.2 also apply to other claims, in particular tort claims or compensation claims for futile expenditure instead of performance.

11.4 The liability exclusions and limitations under subsection 11.2 do not apply to any existing claims pursuant to Sections 1, 4 Product Liability Act (ProdHaftG), or due to culpable injury to life, limb or health. They also do not apply if we assumed a warranty for the quality of our goods or the provision of a service or a procurement risk, and the warranty claim has occurred or the procurement risk has been realised.

11.5 Liability resulting from the assumption of a procurement risk only affects us if we have expressly assumed the procurement risk in writing.

11.6 Our liability is limited to compensation of the insurance, unless the limitation of liability as defined in subsection 11.2 applies in the case of claims arising from producer liability pursuant to Section 823 BGB. Insofar as this does not apply, or does not apply in full, we are obliged to accept liability up to the amount of insurance coverage. This subsection shall not apply in the case of culpable injury to life, limb or health.

11.7 Insofar as our liability is excluded or limited, this also applies to the personal liability of our salaried staff, workers, employees, representatives and vicarious agents.

11.8 The above-mentioned provisions shall not constitute a reversal of the burden of proof.


§ 12 Warranties

Insofar as we have issued warranties, we provide them in relation to new goods and to services in accordance with the following conditions:

12.1 We guarantee that every new watch purchased from us is free of defects in materials and workmanship (durability warranty). On purchasing a watch, the Customer is given a warranty card. The warranty period is two years from the date of purchase, unless a different warranty period is stated in the item description or on the invoice.

12.2 Furthermore, a durability warranty is provided on all services performed by us (including but not limited to repairs). This warranty for services refers exclusively to the work performed and parts replaced. The warranty period for services is two years from notification of readiness to ship or return the watch to the Customer.

12.3 The Customer is obliged to inform Sinn Spezialuhren immediately after becoming aware of a potential warranty claim so as to avoid consequential damages. Sinn Spezialuhren will inspect the watch received from the Customer upon delivery. If a warranty claim is determined, we will repair the watch at no extra cost to the Customer. If a second repair is unsuccessful, Sinn Spezialuhren will provide the Customer with a new watch or a similar model in accordance with the warranty on new goods.

12.4 Customers wishing to make a warranty claim must return the watch to us along with proof of purchase (invoice) or the warranty card and a detailed description of the fault. In the event of a claim, we shall bear the return cost as well as the transport risk, as long as the transport company stipulated by us is used. Otherwise, the Customer shall bear the return cost and transport risk. Any costs incurred for customs, import duty or other fees charged by the recipient country for returning the watch are to be borne by the recipient.

12.5 Excluded from the warranty on new goods and services are:
– Damages caused by improper use of the watch – in particular, damages caused by impact or shock.
– Damages caused by improper repairs carried out by parties other than Sinn Spezialuhren.
– Normal wear and tear – in particular, on watch straps and watch cases.
– Loss of water resistance in the case of water-resistant watches, 24 months after the purchase date.
– Repairs made under warranty and implied warranty as well as goodwill repairs.

Also excluded from the warranty on services are:
– Older watches that cannot be restored to complete working order.

12.6 This warranty shall not affect the implied warranty rights of the Customer.


§ 13 Servicing, repairs

13.1 Please contact us if you have any questions, grievances or complaints. You can contact our customer service department during our stated opening hours by sending an e-mail to kundendienst@sinn.de or by phoning +49 (0)69 978414-400.

13.2 For servicing and repair orders that are not issued under the statutory warranty, a cost estimate will be submitted and the Customer’s consent will be obtained to carry out the relevant work. The fee for preparation of the cost estimate is EUR 20.00 including VAT, plus shipping costs. This amount will be counted towards the invoice amount in favour of the Customer if the order is fulfilled.


§ 14 Legal system, jurisdiction

14.1 German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 In the case of Customers who conclude the contract for a purpose which can be attributed neither to commercial nor professional activity (consumer), this choice of law does not affect the mandatory provisions of the law of the state in which the Customer has their habitual residence.

14.3 For any and all disputes arising from the contractual relationship, the place of jurisdiction is based on the registered office of our firm in Frankfurt if the Customer is a merchant, a legal entity under public law or a special fund under public law.


§ 15 Alternative dispute resolution and ODR platform

15.1 The European Commission provides a platform for online dispute resolution (ODR). It is available at the following URL: http://ec.europa.eu/consumers/odr/

15.2 We are not willing or obliged to take part in dispute resolution proceedings operated by consumer conciliation bodies.


§ 16 Miscellaneous

16.1 The contract languages are German and English.

16.2 If one or more provisions of these GTC are ineffective, the contract will remain valid in all other respects. Insofar as provisions are invalid, the content of the contract shall be based on statutory regulations.

As at 28.08.2017