Conditions

General terms and conditions with customer information

Table of contents

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Applicable Law
  9. Place of jurisdiction
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Chronos M GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) enters into with the Seller with regard to the terms and conditions agreed by the Seller the goods presented in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make the offer to the seller by telephone.

2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the jurisdiction of PayPal -Terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If you select the payment method "Amazon Payments", payment processing is carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 Only the German language is available for concluding the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 For goods that are delivered by a freight forwarder, delivery is made "free curbside", i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.4 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Applicable Law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

9) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

10) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

Disclaimers

CHRONOS MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT, SERVICES OR FEATURES OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED. OR THAT ERRORS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PRODUCE CERTAIN RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. CHRONOS CANNOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR DEFECTS OR DESTRUCTIVE FEATURES. CHRONOS DISCLAIMS ALL WARRANTIES OR REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHRONOS DISCLAIMS ALL LIABILITY FOR ALL ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATING TO YOUR USE OF THE SITE AND/OR ANY CHRONOS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CHRONOS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO DISCONTINUE USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer of liability applies to any damages, charges or injury caused by any failure, error, omission, interruption, deletion, interference, delay in operation or transmission, due to a computer virus, communication line failure, theft or destruction Access, unauthorized modification or use arises whether for breach of contract, tort, negligence or cause of action.

Chronos reserves the right to do any of the following at any time and without notice: (1) modify, suspend or terminate operation of or access to the Site or portion(s) of the Site for any reason; (2) modification or change of the website or parts of the website and (3) interruption of the operation of the website or parts of the website as part of scheduled and unscheduled maintenance, bug fixes or other changes.

Limitation of Liability

Unless prohibited by law, in no event will Chronos be liable to you for any indirect, consequential, exemplary, incidental, consequential or other damages, including loss of profits, even if Chronos has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Chronos is found to be liable to you for any damage or loss arising from or related to your use of the Website or any Content, Chronos ' liability shall in no event exceed €150. Some jurisdictions do not allow such exclusion of liability, so the above limitation may not apply to you.

Indemnification

You agree to indemnify and hold harmless Chrono's predecessors, assigns, employees, contractors, affiliates and subsidiaries from any claim, loss, debt, action or expense (including attorneys' fees) made by any third party due to, arising out of or in connection with your use the website can be submitted to Chronos .

Violation of these Terms of Use

Chronos may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or to identify, contact or contact an individual sue that may cause injury to or interference with (either intentionally or unintentionally) the rights or property of Chronos or the rights or property of visitors to the Site, including Chronos customers. Chronos reserves the right at any time to disclose any information that Chronos deems necessary to comply with any applicable laws, regulations, legal processes and governmental requests. Chronos may also disclose your information if Chronos determines that applicable laws require or permit such disclosure, for example, to share information with other companies and businesses for fraud prevention purposes.

You acknowledge and agree that Chronos may preserve and, if necessary, disclose any transmissions or communications from you to Chronos through the Site or any services offered on or through the Site if required to do so by law or if Chronos determines that such preservation is necessary or disclosure is appropriate to (1) comply with the law, (2) enforce the Terms of Use, (3) respond to claims that such information violates the rights of others, or (4) the rights, property or personal safety of Chronos, its employees, users or visitors to the website and the public.

You agree that Chronos may, in its sole discretion and without prior notice, terminate your access to the Site and/or block future access to the Site if we determine that you have violated these Terms of Use or any other agreements or policies that may be applicable may be related to your use of the website. You further agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Chronos, for which monetary damages are not adequate, and you agree that Chronos may seek any and all remedies for injunctive or equitable relief that Chronos deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Chronos may have at law or in equity.

You agree that Chronos may terminate your access to the Website at its sole discretion and without prior notice, including, without limitation, for the following reasons: (1) requests by law enforcement or other authorities, (2) a request from you (self-initiated). termination of accounts), (3) discontinuance or modification of the materials on the Site or any services offered on or through the Site, or (4) unexpected technical difficulties or problems.

In case Chronos If you take legal action against you based on your breach of these Terms of Use, Chronos will be entitled to recover from you all reasonable attorneys' fees and costs associated with such action, in addition to any other claim that Chronos may have be awarded, and you agree to pay such costs. You agree that Chronos will not be liable to you or any third party for any termination of your access to the Site due to any violation of these Terms of Use.

Governing Law; Resolution of legal disputes

You agree that any action relating to your access or use of the Site, including all disputes, shall be governed by the laws of the United States and the laws of the State of California, without regard to any conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara County, California and waive any objection to such jurisdiction. The foregoing jurisdiction provision does not apply if you are a customer in the European Union. If you are a customer in the European Union, you may bring legal proceedings in the courts of your country of residence. Any cause of action related to these Terms of Use must be commenced within one (1) year after the cause of action arose. Otherwise, such action or cause of action is barred. Actions brought under the separate purchase conditions for goods and services are not subject to this limitation. No reimbursement for damages other than expenses may be sought or received in this form unless the prevailing party is awarded attorneys' fees and costs. In the event of any dispute or conflict between Chronos and you arising out of or in connection with your use of the Site, the parties will promptly and in good faith attempt to resolve such dispute. If it is not possible to resolve such dispute within a reasonable time (not to exceed thirty (30) days), either party may request arbitration of such dispute or conflict. If the dispute cannot be resolved through arbitration, both parties shall be free to seek any right or remedy available to them under applicable law.

Legal invalidity in the event of a legal ban

Chronos manages and operates the website www.chronosmanufaktur.com from Berlin, Germany out of. Other Chronos Websites may be managed and operated from other locations outside of the Federal Republic of Germany. Although the Site is accessible worldwide, not all features, products or services discussed, referenced on, provided on or offered on or through the Site are intended for or applicable to all persons available to all geographical areas or appropriate or available for use outside the Federal Republic of Germany . Chronos reserves the right to limit the provision and extent of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made through the Site is void where prohibited by law. If you access the Site from outside the Federal Republic of Germany , you do so on your own initiative and you are solely responsible for compliance with applicable local laws.