§ 1 Scope of application, definitions
a. Horando.de is a service of Horando Deutschland GmbH, represented by the managing directors Mr. Christopher Fischer and Mr. Stefan Sebök, Osterstrasse 3, 30159 Hanover, Germany (hereinafter "Horando").
b. These terms and conditions apply to the purchase and mediation of the offered goods on www.horando.de (hereinafter "Website").
c. Consumers are persons in the sense of § 13 of the German Civil Code, i.e. natural persons who conclude the respective legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In other cases, the customers are entrepreneurs according to § 14 of the German Civil Code.
§ 2 Contractual partner
Your contractual partner for all orders is Horando Deutschland GmbH, represented by the managing directors Christopher Fischer and Stefan Sebök, Osterstrasse 3, 30159 Hanover, Germany (hereinafter "Horando").
§ 3 Order / Mediation / Conclusion of Contract
I. Order in the webshop
You order from Horando as follows:
Add item to shopping cart
Enter billing / shipping address
Check entries (billing / delivery address, product, price, quantity)
Enter payment data
Complete the order by clicking on "Order with obligation to pay".
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. By clicking the button "order with obligation to pay" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract.
After submitting your order, you will receive an e-mail confirming receipt of your order by us and listing its details (confirmation of receipt). The purchase contract is not yet concluded. It is only confirmed that we have received your order.
At the latest until the delivery of the goods you will receive all customer information from us, which you should print out for your records.
The purchase contract is not concluded until the goods are shipped or a separate e-mail "order confirmation". Contracts on our website are concluded in German only.
You request precious metals, watches or other objects from Horando, which are currently not in the store. This proceeds as follows:
Fill out contact form and request desired product
You will then receive an acknowledgement of receipt
After checking the request you will receive an offer from us
You accept the offer, or reject the offer.
If you accept the offer, you will receive an "order confirmation". Please note that the binding purchase contract is only concluded by this separate e-mail "order confirmation". Contracts on our website are only concluded in German.
§ 4 Storage of the contract text
Your order will be stored at Horando.com. Please print out the confirmation of receipt for your records after completing the ordering process. You will receive the order data in the order confirmation by e-mail, but for security reasons they can no longer be accessed via the internet on our website. You can view the GTC at any time at http://horando.de/content/3-allgemeinegeschaeftsbedingungen.
§ 5 Delivery
Orders and deliveries are only possible to delivery addresses in the European Union (EU). Should you require delivery to another country, we will be happy to assist you personally to clarify your request: email@example.com.
Please note that deliveries to non-EU countries are subject to additional customs duties, taxes and fees.
Beginning and calculation of the delivery period:
Beginning of the delivery period after order confirmation, in case of payment in advance with the time of the payment instruction of the buyer. The information provided refers to working days.
§ 6 Pricing information and time-limited offers
a.) All indicated prices are end consumer prices and incl. VAT and incl. shipping within the European Union. The price at the time of the order is valid.
b.) Please note that offers may be limited in time due to a strong limitation by the manufacturer at Horando.de. This will be pointed out separately in the respective product description.
c.) If the ordered item is not available because we are not supplied with this product by our suppliers through no fault of our own despite their contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform you immediately that the ordered goods are no longer available and, if applicable, we will immediately refund any payments already made. If the ordered item is in exceptional cases not available within the specified delivery time because the product cannot be delivered by our suppliers on time, you can withdraw from the contract. In this case we will also immediately refund any payments already made.
d.) Customers outside the EU must note that customs duties may be payable on shipping, which will be added to the final price of your order.
§ 7 Payment
Payment can be made either in advance / bank transfer, credit card (Visa, Mastercard, American Express), PayPal, Paydirekt, Sofortüberweisung or ratenkauf via easyCredit.
If you choose payment in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days.
If you pay by credit card, your account will be charged upon completion of your order.
§ 8 Liability
Horando's liability for damages shall be subject to the following exclusions and limitations of liability, without prejudice to the other statutory requirements for claims.
Horando shall be liable without limitation if the cause of damage is based on intent or gross negligence.
Furthermore, Horando is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you regularly rely. In this case, however, Horando is liable only for the foreseeable, contract-typical damage. Horando is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, body and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as Horando's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 9 Warranty and guarantees
The statutory provisions shall apply. The limitation period for statutory claims for defects is 1 year.
If special warranties apply to products, your statutory claims for defects remain unaffected. The contact person for the respective warranty is named in the warranty provisions enclosed with the ordered product. If you do not have these provisions at hand or if it is not a technical item, please contact our customer service.
If delivered items show obvious material or manufacturing defects or transport damage, please report such defects immediately to us or to the carrier delivering the items. There is no obligation on the part of the customer to do so, nor is this a prerequisite for asserting your claims. However, we cannot otherwise assert any claims against the carrier. Compliance with the above provision shall not affect your statutory claims, insofar as you have ordered for private purposes as a consumer.
§ 10 Retention of title
Until full payment, the delivered goods remain the property of Horando.
§ 11 Applicable Law; Place of Jurisdiction; Contractual Language
All legal transactions or other legal relationships with us - and in the case of orders for Horando partner items also with the Horando partners - shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks, is agreed to be the registered office of Horando (Bamberg). In this case, we are also entitled to sue at the customer's place of business.
The contract language is German.
§ 12 Partner network and immediate availability
Horando works with a partner network of various jewelers and contractors. Immediate availability does not imply that these watches are physically in stock in the showroom in Bamberg.
§ 13 Supplementary General Terms and Conditions for the ratenkauf of easyCredit
The following supplementary General Terms and Conditions (hereinafter "GTC") apply between you and the merchant for all contracts concluded with the merchant in which ratenkauf by easyCredit (hereinafter "ratenkauf") is used. In the event of a conflict, the supplementary GTC take precedence over any other General Terms and Conditions of the merchant. ratenkauf is only possible for customers who are consumers pursuant to Section 13 of the German Civil Code and have reached the age of 18.
For your purchase, the merchant, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter "TeamBank AG"), provides you with the ratenkauf as an additional payment option. The merchant reserves the right to check your creditworthiness. For more details, please refer to the ratenkauf data protection notice in the order section. If the use of ratenkauf is not possible due to insufficient creditworthiness or if the merchant turnover limit is reached, the merchant reserves the right to offer you an alternative billing option. The contract for a ratenkauf is between you and the merchant. With the ratenkauf you decide to pay the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. The ownership of the goods remains reserved until full payment. The receivables arising from the use of the ratenkauf are assigned by the merchant to TeamBank AG within the framework of a current factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect.
3.Installment payment by SEPA direct debit
With the SEPA direct debit mandate issued with the ratenkauf, you authorize TeamBank AG to collect the payments to be made through the ratenkauf from your checking account specified in the order process at the credit institution specified there by means of a SEPA direct debit. TeamBank AG will notify you of the collection by e-mail no later than one calendar day before the due date of the SEPA direct debit (pre-notification/advance notice). The collection will take place at the earliest on the date specified in the pre-notification. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification. You must ensure that your current account has sufficient funds on the due date. Your credit institution is not obliged to honor the direct debit if there are insufficient funds in the current account. If a return debit note is issued due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiration of the current account, you will be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or interest on arrears at a rate of five percentage points above the base interest rate of the European Central Bank for each reminder. Due to the high costs associated with a return debit note, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the reversal of the payment will be made in coordination with the merchant by re-transfer of the corresponding amount or by a credit note.