General terms and conditions (AGB)
§ 1 Applicability
(1) Business, which is concluded between Martin Williams Watches UG (haftungsbeschränkt) (in the following: Martin Williams) and their customers, is subject to the following terms and conditions.
(2) Each clause or condition of the customer, which deviates from these AGB, is not recognized by Martin Williams. An exception only exists if Martin Williams has agreed to the deviating clause or condition.
(3) In the case of differences in interpretation between individual languages, the German version shall apply. As soon as the customer orders products via the Martin Williams homepage, he also accepts these GTC. It is Martin Williams at any time possible to change the AGB.
§ 2 Applicable law
(1) These General Terms and Conditions are without exception subject to the law of the Federal Republic of Germany. Deviating sales law, in particular the UN sales law (CISG), is not applicable.
(2) In the following cases, the place of jurisdiction for all disputes arising from this contract shall be the place of business in 12205 Berlin.
1. the customer is a businessman according to HGB
2. the customer is a legal entity under public law
3. the customer is a legal entity of the special fund under public law
4 The customer has no general place of jurisdiction in Germany.
5. The domicile or habitual residence of the customer is unknown at the time the action is brought.
§ 3 conclusion of a contract
(1) The presentation of the products in the online shop is an invitation to submit an offer (invitatio ad offerendum) and not a legally binding offer to purchase. The purchase process begins only by clicking the button "order". At this moment the order of the products available in the shopping cart becomes binding.
(2) Martin Williams sends the customer an automated e-mail immediately after the order of the products, which serves for the customer as confirmation of the order and seals the sales contract (acceptance by Martin Williams). The contract is concluded in German.
(3) The customer is responsible for providing the correct e-mail address during the ordering process. The customer has the possibility to dissolve the contract with Martin Williams if Martin Williams has not yet sent the acceptance to the buyer's e-mail address.
(4) A credit check of the customer by Martin Williams is permitted within the legal framework. In particular, Martin Williams is permitted to analyse the customer's solvency and to obtain information regarding the customer's payment obligations as well as all facts and factors important for a justifiable conclusion of the contract. Should the investigations of Martin Williams lead to the result that the customer cannot meet his payment obligations to Martin Williams in the future, Martin Williams is entitled to refuse the acceptance of an order without giving reasons or to impose further conditions on the customer for an order.
(5) Martin Williams stores the order data of the customer after the conclusion of the contract to be able to guarantee the execution of the contract. The customer has the possibility to save his order by saving the received automated e-mail, which is a purchase confirmation. The terms and conditions are available for the customer on the homepage under the link "AGB" at the bottom of the page.
§ 3a Error when entering data in the order process
In the event that input errors occur on the part of the customer, there are technical possibilities on the website of Martin Williams which can recognize and remove the errors. These are accessible and functional. Before the final order is placed, a click on the "shopping cart" control offers the opportunity to check the order and change it if necessary.
§ 4 right of withdrawal
(1) The customer has the right to revoke the purchase contract with Martin Williams within two weeks without giving reasons. The period begins with the time at which the customer or a third party named by the customer has taken possession of the product. The third party must not be the carrier of the product. This period shall also be deemed to have been observed if the customer sends Martin Williams a notice of exercising the right of revocation before expiry of the revocation period.
(2) The use of the purchased product is permitted for a customer who intends to revoke the purchase contract only to the extent necessary to decide whether the customer wants to keep the product.
(3) The right of revocation can be exercised by the customer to Martin Williams (Martin Williams Watches UG, Freiwaldauer Weg 23, 12205 Berlin, Germany, (e-mail: info@martinwilliams. de) a clear statement via letter or e-mail about his decision to revoke the contract. There is an option to use the model withdrawal form. The revocation form can be called up by the customer on the homepage under the link "Return" in the lower part of the page.
(4) An exchange of gift vouchers for money is not possible, unless a different regulation has been made for the individual case. Normally vouchers can only be converted into goods.
(5) The aforementioned clauses in paragraphs 1 to 3 and the right of withdrawal in general shall not apply to individualised products. Martin Williams understands individualized products to mean
1. clocks, which were individually refined with engravings.
2. watches which are not prefabricated and which have been manufactured individually for the customer.
3. Watches that are clearly adapted to the individual needs of the buyer.
§ 4a Consequences of revocation
(1) In the event of revocation of the purchase contract, Martin Williams is obliged to reimburse the customer for the payments received, which also include the delivery costs for the cheapest standard delivery, within a period of two weeks after receipt of the goods. The period begins at the time at which Martin Williams has received the goods back.
(2) If no deviating written regulation has been made in individual cases, the repayment will be processed via the identical payment medium (e. g. Paypal, bank transfer), which the customer used in the original transaction.
(3) Martin Williams has the right to refuse a refund if Martin Williams has not yet received the customer's products back, or if the customer has not provided proof that he has properly returned the goods. The latter must be evidenced by a shipment receipt with proof of delivery.
(4) Products whose purchase contract the customer wishes to revoke must be sent or handed over to Martin Williams' head office without culpable delay, at the latest two weeks after exercising the right of revocation. The valid address can be found on the homepage under the link "Imprint" at the bottom of the page. The time limit shall also apply if the customer has sent the products to Martin Williams before the expiry of the time limit.
(5) Martin Williams shall not assume any costs in connection with the return of the products. These costs also include import taxes, duties or customs (processing) fees, insofar as they have represented a financial burden for Martin Williams when sending the package.
(6) The customer will only be charged financially for a loss in value of the products if the loss in value indicates improper use.
§ 5 delivery
(1) Unless otherwise agreed, Martin Williams shall deliver the products from its warehouse directly to the customer's delivery address. It is the customer's responsibility to provide the correct delivery address.
(2) If the address of the customer is incorrect and this error leads to a failure of the dispatch of an order, Martin Williams assumes no responsibility for loss of the shipment.
(3) In the event that Martin Williams requires additional information regarding the delivery address of the customer, Martin Williams has the right to request such additional information from the customer. A delay in delivery due to the additional procurement of information is not excluded.
(4) Any references on the homepage of Martin Williams, which refer to the availability, shipping or delivery of a product, serve the customer as a guide and are not binding. Only information regarding availability, shipping or delivery, which are marked as binding information in the online shop, are binding.
(5) Martin Williams shall be entitled to withdraw from the purchase contract with the customer if Martin Williams is unable to deliver the ordered product to the customer through no fault of its own, as a supplier of Martin Williams breaches its contractual obligation. In such a situation, the customer must be informed immediately that delivery of the desired product is impossible. Martin Williams undertakes in this case to reimburse immediately all payments already made by the customer.
§ 5a wrong delivery
(1) A wrong delivery is understood to mean a delivery in which a defective product or incorrectly assembled product bundle is delivered to the customer.
(2) In a case according to paragraph 1 Martin Williams is obliged to bear all costs of the return. At the same time, the customer is obliged to inform Martin Williams of the order number and the reason for the return.
§ 5b Damage to the delivered products
(1) In the case of a delivery of a product to the customer, which reaches the customer in a damaged or incomplete condition, the customer has the obligation to inform the customer service of Martin Williams within 24 hours of the facts. In such a case, Martin Williams will decide how to proceed.
(2) If the customer has not informed the customer service and independently and at his own expense return the product, he does not have the right to the costs Martin Williams to claim or Martin Williams for the return responsible.
§ 5c Shrinkage of ordered products
(1) A complaint procedure shall be initiated in the following cases.
1. the order is dispatched by Martin Williams to the customer and is lost on the way of transport.
2. The customer claims that he did not receive the product.
(2) Only after completion of the complaint procedure a refund or reshipment is possible. The Customer is obliged to cooperate in the complaint procedure of the Carrier. If it turns out that a shipment is lost due to an error of the carrier, Martin Williams will resend the ordered product to the customer or refund the purchase price to the customer.
§ 6 personalised products
(1) In the case of personalised products, it is the duty of the customer to provide Martin Williams with the necessary information, texts, logos or drawings prior to the conclusion of the contract so that Martin Williams can carry out the individualisation.
(2) The customer is prohibited from transmitting data to Martin Williams whose content violates the rights of third parties or violates existing laws. The rights of third parties are infringed in particular if there is a violation of copyrights, name rights and trademark rights. In such a case, the customer explicitly releases Martin Williams from all claims that third parties wish to assert against Martin Williams. The same applies to the costs that may arise as a result of legal representation.
(3) Martin Williams does not check the accuracy of information, texts, logos or drawings provided by the customer to Martin Williams. Consequently, a liability by Martin Williams due to content errors is excluded.
(4) With regard to the revocation of personalised products, the provisions in § 4 paragraph 5 shall apply.
§ 7 shipping costs
The dispatch is free for Martin Williams customers within Germany. Orders from Austria or Switzerland with an order value of 150€ or more are also free of shipping costs. For your purchase below 150€ there are 10€ shipping costs in both neighbouring countries.
§ 8 payment methods
Martin Williams accepts Sofortüberweisung, debit and credit cards and Paypal as payment methods. Further information can be found under the "Payment methods" tab at the bottom of the website.
§ 9 Set-off and retention
There is no right of set-off. An exception to sentence 1 exists if Martin Williams has reached a deviating agreement with the customer in an individual case. The right of retention results from the norms of the “Bürgerlichen Gesetzbuchs”.
§ 10 prices
The prices displayed on the website at the time of the order are authoritative. Martin Williams can change the prices independently and without announcement at any time. Value added tax is included in the prices quoted for every product.
§ 11 retention of title
The products remain the property of Martin Williams until the agreed price has been paid in full.
§ 12 Warranty / guarantee conditions
(1) The statutory warranty provisions shall apply. The warranty period shall expire after two years. This also remains unaffected by special guarantees or other special services offered by Martin Williams. The above warranties apply only to products offered and purchased on the Martin Williams website.
(2) Damages caused by natural wear and tear, negligent handling, improper use, loss, intentional damage or theft are not covered by the warranty. It covers functions of the movement, not those of accessories, glass, battery or bracelet. The degree of effect of sweat on the bracelet depends on the individual due to the different and individual acid content.
(4) Watches of Martin Williams are referred to as "3 ATM Waterproof". According to Martin Williams, this corresponds to the German designation "splash-proof". Water protection amounts to water resistance against dripping and spraying water (splashes and light rain). Martin Williams also promises resistance to skin-friendly chemical substances such as perfume and cosmetics.
(5) Repairs or modifications made by third parties (battery replacement, glass replacement, etc. ) without written agreement shall void any warranty. The cost of shipping after a warranty or repair request is borne by the buyer.
(6) In the event of complaints relating to defects, the customer must enclose the invoice as proof.
§ 13 liability for defects
(1) The statutory provisions shall apply in the event of a defect in the purchased item. These claims are not transferable. In the event of subsequent performance by way of replacement delivery, the buyer shall be obliged to return the defective goods within 14 days at the expense of Martin Williams in accordance with the statutory provisions. Martin Williams reserves the right to claim damages under the applicable regulations.
(2) The limitation period shall be 24 months from the date of delivery. Martin Williams is liable without limitation for breach of essential duties in cases of intent and gross negligence.
(3) Furthermore, Martin Williams is liable for slightly negligent violation of essential obligations, the violation of which restricts the achievement of the contractual goal, the execution of the contract at all only possible or if the customer relies on their compliance regularly. In this regard, liability shall be based only on the foreseeable damage typical of the contract and not for the slightly negligent breach of obligations beyond the typical obligations of the contract.
(4) The above limitations of liability shall only apply in cases which are not connected with injury to life, limb, health, further existing defects after acceptance of a guarantee or with fraudulently concealed defects. Liability under the Product Liability Act shall continue to apply.
(5) With excluded or limited liability of Martin Williams, this also applies to the personal liability of employees, representatives or vicarious agents.
§ 14 Article illustrations in the online shop
There may be slight discrepancies in the online shop between illustrations and original colors of the watches. These are technically conditioned by hardware and software and the written descriptions must be observed in this respect. Due to the fact that each engraving is unique and that the materials from which the dial is produced are not always uniform, there may be strong differences in colour between the engraving sent to the customer via e-mail as part of the engraving preview and the engraving actually carried out. Martin Williams has no influence on these colour changes.
§ 15 Business with merchants
The above provisions concerning the right of withdrawal and return do not apply to transactions with merchants. The legal regulations for merchants are decisive in this case. If the customer is also a businessman, the place of jurisdiction for both contracting parties shall be Berlin.
§ 16 Severability clause
In the event that individual provisions of these General Terms and Conditions are wholly or partially invalid or lose their validity in the future, the validity of all other provisions of these General Terms and Conditions shall not be affected. The invalid provisions shall be replaced by the statutory provisions. This also applies in the event that content is missing from these General Terms and Conditions.