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General Business Conditions (GBC) 

Our General Business Conditions for consumers – online shop.  

 

§ 1 Area of applicabilitycontract language 

 

(1) The following General Business Conditions (GBC) shall apply to all contracts, entered into via this online shop, between you and us, the company Gerhard D. Wempe KG (trade register AG-Hamburg HR A 40549, VAT-ID No. DE 118902328), represented by Kim-Eva Wempe, Hellmut Wempe (personally liable).  

(2) The exclusive language available for conclusion of contracts is English. Should there be any differences between the existing language versions, this text prevails. 

(3) The version of these GBC which is valid at the time when the order is placed shall be applicable. Arrangements which differ from these GBC are valid only if they have been confirmed in writing by Gerhard D. Wempe KG. 

(4) Our online shop is intended solely for consumers of legal age. A consumer is any natural person who concludes a transaction to a certain purpose that cannot be ascribed to their commercial or independent professional activity.  

 

§ 2 Applicable lawmandatory consumer protection laws 

 

The laws of the Federal Republic of Germany shall apply; UN Sales Law shall be excluded if 

a) your habitual residence is Germany or the United Kingdom, or   

b) your habitual residence is in a state which is not a member of the European Union. 

In the event that your habitual residence is in a member state of the European UnionGerman law shall also apply, whereby mandatory provisions of the state of your habitual residence shall remain unaffected. 

 

§ 3 Establishment of the contract 

 

(1) The depiction of goods in the online shop does not constitute a legally binding offerbut rather it is an invitation to order (invitatio ad offerendum). 

(2) When you click on the "Buy now" button in the last step of the order process (or the corresponding "Continue" button directing to Paypal or Klarna) you submit your binding offer for the purchase of the goods shown in the order overview. Immediately after having sent the order, you will receive a confirmation of order receipt, but this confirmation does not constitute a binding order acceptance. The purchase agreement between you and us is only created when we send you a definite order confirmation by separate e-mail or hand over the goods to the dispatch department for shipping. Please check regularly the SPAM folder of your e-mail inbox.  

We reserve the right not to accept the order.  

(3) You can select articles for purchase in our online shop by clicking on the Add to shopping cart” button. When you want to check out, click on the shopping cart icon and you are then directed through the following order process. Once you have selected the articles in the shopping cart and entered all necessary order and address details in the following step, click on the “Continue” button to get to a page summarizing all essential article details including the resulting costs. Until this point, you can correct your entries or rescind your declaration of willingness to enter into a contract. Only by finally clicking on the “Buy now” button (or the corresponding "Continue" button directing to Paypal or Klarnayou submit a binding offer as referred to in section 2. 

 

§ 4 Correction note 

During the order process, you first add the desired articles to the shopping card. You can modify there the required quantity or completely delete selected articles at any time. Once you have added articles to the shopping cart, you get to the following page by clicking on the “Checkout” button, where you enter your data and then click on the “Continue” button to choose the payment method. A summary page appears now on the screen, where you can check your entries. You can correct wrong entries (for example concerning the payment method and address details) by clicking on the “Change” button. If you want to cancel the whole order process, you can simply close your browser window. Otherwise, your declaration becomes legally binding for the purpose of § 3 sec. 2 of these GBC by clicking on the “Buy now” button or completion of the purchase process at PayPal or Klarna. 

 

§ 5 Storage of the contract text 

The contractual provisions with details on the ordered goods and/or booked services including these General Business Conditions and our Cancellation Policy will be sent to you by e-mail upon acceptance of the offer to enter into a contract and the corresponding notification. We do not store the contractual provisions.  

 

§ 6 Collection, storage and processing of your personal data 

 

(1) You can do your shopping in our online shop as guest or registered user. As a registered user, you don’t need to enter your personal data each time, but you can sign in to your customer account with your e-mail address and the password you have freely chosen during registration. 

(2) We need the following data from you to process and execute an order: 

First and last name 

- E-mail-address 

- Postal address 

- Telephone number (for possible questions relating to the delivery) 

(3) If you wish to create a customer account, we would need from you the data stated in section 2 and a password freely chosen by you that complies with the specified password requirements. 

(4) We use the data that you have provided without your separate consent exclusively for the purpose of fulfilling and processing your order(s), for example for the delivery of goods to the address provided by you. In the event of payment by Sofortüberweisung, we also use your bank details for payment processing. Any use of your personal data beyond this for the purpose of advertising, market research or tailoring our offers to your needs requires your express consent. You have the option of granting this consent before placing your order. This consent is entirely voluntary and can always be retrieved from our website and revoked by you at any time. 

(5) The data that you have provided remains stored in your customer account until you inform us that you wish your data to be deleted. Furthermore or if you order or book as a guest without having created a customer account, we will store your data only within the scope of our obligations under tax and commercial law. 

(6) You are responsible for updating your personal information in the event that it changes. All changes can be done online after registration under “My account”. 

 

§ 7 Payment Conditions 

The purchase price is immediately due with the order. 

You can select between the following payment modes in our online shop: 

Credit card 

Upon submitting your order, you provide us with your credit card details. 

After your legitimation as legitimate cardholder, we request your credit card company immediately after the order to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and the amount is charged to your card.  

 

PayPal  

You will be redirected to the website of the online provider PayPal during the ordering process. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself by entering your access data and confirm the payment order to our accountAfter submitting the order in the online shop, we ask PayPal to initiate the payment transaction.  

The payment transaction is carried out automatically by PayPal without undue delayYou will receive further information during the order process.  

 

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Sofort by klarna 

You will be redirected to the website of the online provider Sofort GmbH after having submitted your order. To be able to pay the invoice amount via Sofort you must have an online banking account with PIN/TAN procedure that has been activated for using Sofort, legitimize yourself by entering the corresponding access data and confirm the payment order to our account. You will receive further information during the order processThe payment transaction is carried out automatically by Sofort without undue delay and the corresponding amount is debited from your account. 

 

§ 8 Retention of title 

The goods remain our property until the purchase price has been paid in fullIf you are in default in payment for more than 10 days, we are entitled to withdraw from the contract and claim the goods back. 

 

§ 9 Delivery conditions / presentation of the goods  

We deliver the goods pursuant to the agreements made with you exclusively to addresses within the United Kingdom.  

(1) All images of goods in advertisement, leaflets, brochures, the online shop, etc. serve exclusively for illustration purposes and are not binding. The same applies for details on the individual goods, which are strictly for information purposes. Only the statements of the manufacturer are authoritative (for example concerning the manufacturer warranty). We reserve the right to modify the goods depicted in the online shop at any time and without notice and to limit the quantity of goods that may be purchased by a customer. 

(2) Certain goods depicted in the online shop cannot be ordered and purchased directly via the online shop. This is made transparent in the individual product information of the concerned article. An inquiry form is at the customer’s disposal for these goods in the online shop. 

(3) All information provided in the online shop on the availability and delivery time of goodis without guarantee. 

(4) If the seller is unable to meet the agreed delivery date for reasons for which he is not responsible (unavailability of the good(s) for example due to force majeur), the seller will immediately notify the customer and inform the customer about the estimated new delivery date, if possible. If the new delivery date is not acceptable for the customer or the good(s) are only partly or not at all available within the delivery period, both parties are entitled to withdraw from the contract with regard to the concerned good; the seller will refund any possibly already rendered counter-performance for the unavailable good(s) to the customer immediately. 

(5) Deliveries are subject to the prerequisite that our own suppliers make timely and proper delivery to us. In the event of force majeur including strike or other measures of industrial action, riot, war, natural disasters as well as delivery stop on the part of the manufacturer or sub-supplierthere shall be no default in delivery. The seller shall not be liable for delays in delivery caused by manufacturing companies or third parties. 

(6) The goods are available for sale as long as stocks last. In exceptional cases, there can be errors or corrections, especially if the same good is ordered simultaneously by several customers. The seller is not liable for lack of stock or unavailability of goods. 

(7) If not all of the ordered goods are in stock, the seller is entitled to make partial deliveries. If it turns out after the conclusion of the contract that the seller is unable to partially or fully deliver the goods for reasons for which he is not responsible, the customer is entitled to withdraw from the contract. 

 

§ 10 Right of cancellation  

As a consumer you have a right of cancellation in accordance with the cancellation policy stated in the annex. A consumer is any natural person who concludes a transaction to a certain purpose that cannot be ascribed to their commercial or independent professional activity. 

 

§ 11 Warranty for purchased goods 

(1) If the delivered goods purchased in our online shop are defective, you are entitled within the framework of the legal provisions to demand supplementary performance, withdraw from the contract, or abate the purchase price. 

(2) The statutory period of limitation for any warranty claims against us is two years as from receipt of the goods. Claims due to defects that we have maliciously concealed lapse within the statutory period of limitation. 

(3) In addition, you are entitled to make claims due to defects within the scope of the following guarantees granted by us:  

Gerhard D. Wempe KG grants for every watch from a third-party brand purchased in this online shop – in addition to the warranty granted by the manufacturer – one further year of warranty, which starts after expiry of the manufacturer’s warranty; for every product of a third-party jewelry brand the legal warranty of two years and for every piece of jewelry from the Wempe brand purchased in this online shop and every watch from the Wempe Glashütte I.SA brand purchased in this online shop a warranty of three years from its date of purchase. In this case the warranty covers possible material or manufacturing defects. The warranty offers the buyer the right to repairs on all manufacturing defects that become apparent during the term of the warranty, insofar as immediate notice is given of said defects. The right to replacement is not included. Claims under this warranty can be made only upon submission of the corresponding warranty certificate, which must be completely filled out and signed by Gerhard D. Wempe KG and must include the item’s identification number, the exact date of purchase and the company stamp of Gerhard D. Wempe KG. Not included in the terms of this warranty are the watch’s crystal and leather strap, damages caused by inappropriate use such as strong blows and extreme heat or cold, and strong magnetic fields. Repairs or servicing performed by unauthorized parties void this warranty. Any further claims under this warranty are excluded. 

 

§ 12 Limitations of this warranty 

(1)  We shall be liable for willful intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations whose performance enables the proper completion of the contract in the first place, whose breach endangers the fulfilment of the intent of contract and on the observance of which you, as a customer, may regularly rely. In the last-named case, we shall be liable however only for foreseeable damages typical for this type of contract. We shall not be liable for any slightly negligent breach of obligations other than those stated in the preceding sentences.  

“The above exclusions of liability shall not apply in the event of loss of life, physical injury and damage of health. The liability under the German Product Liability Act and the UK Consumer Rights Act 2015 shall remain unaffected.” 

(2)  Based on the current state of technology, data communication via the internet cannot be guaranteed to be without errors and/or available at all timesWe therefore do not assume any liability for the permanent and uninterrupted availability of our online trading system. 

 

§ 13 Final clauses 

(1) These General Business Conditions are complete and final. Any changes or amendments of these General Business Conditions shall be done in writing in order to prevent any uncertainties or any dispute between the parties about the agreed contract contents. 

(2) All disputes shall be settled before a competent court at the location of our company’s registered office in Hamburg, unless your place of residence or habitual residence is in the United Kingdom upon conclusion of the contract, in which case any dispute arising out of a claim made pursuant to the UK Consumer Rights Act 2015 may be settled before a competent court in the United Kingdom. 

(3) Please note that besides ordinary legal remedies you can also use the possibility of an extra-judicial resolution of disputes according to the regulation (EU) no. 524/2013For further details please refer to the regulation (EU) no. 524/2013 and to the website http://ec.europa.eu/consumers/odr 

Our e-mail address islondon@wempe.com. We point out pursuant to section 36 of the German Act on Alternative Dispute Resolution in Consumer Matter that we are not obliged and not willing to take part in an extra-judicial dispute resolution procedure before a consumer conciliation body.  

(4) Should individual terms of this contract be or become invalid, this shall not affect the remaining terms of this contract. 

 

 

Annex 

A. Consumer information  

If you order goods while visiting our online shop, we would like to point out the following to you: 

(1)  German is the only language available for the conclusion of the contract. In the event of a discrepancy between the German version and a translation, the German version shall prevail. 

(2)  Please refer to the individual product descriptions provided within the scope of our internet offering for the essential characteristics of the goods and services offered by us. All images of goods in advertisement, leaflets, brochures, the online shop, etc. serve exclusively for illustration purposes and are not binding. The same applies for details on the individual goods, which are strictly for information purposes.  

(3)  The presentation of our goods does not constitute a legally binding offer from our side. A binding offer pursuant to section 145 of the German Civil Code BGB first comes into effect upon your ordering of the goods. If we accept this offer, we will send you an order confirmation by e-mail or hand over the goods to the dispatch department for shippingThis completes the sales contract between you and us.  

(4)  You can identify possible entry errors made when placing your order in the final confirmation page before the checkout and correct them at any time by means of the deletion and correction function before submitting the order. The e-mail address can only be corrected under “My account”. 

(5)  If the goods you have ordered are not available, we reserve the right not to fulfil the contract and will inform you immediately about this before conclusion of the contract.  

(6)  The prices stated by us are final prices including tax.  

(7)  The purchase price is immediately due with the orderThe payment of the goods shall be made at your discretion either by credit card (we use the transmission method “SSL to encrypt your personal data), by PayPal, or by Sofort by klarna. 

(8)  Please note that besides ordinary legal remedies you can also use the possibility of an extra-judicial resolution of disputes according to the regulation (EU) no. 524/2013. For further details please refer to the regulation (EU) no. 524/2013 and to the website http://ec.europa.eu/consumers/odr 

Our e-mail address is: london@wempe.com. We point out pursuant to section 36 of the German Act on Alternative Dispute Resolution in Consumer Matter that we are not obliged to take part in an extra-judicial dispute resolution procedure before a consumer conciliation body. We are also not willing to do so. 

(9)  The data necessary for the completion of the contract between you and us is stored by us and can be accessed by you at any time. In this respect, please refer to the data privacy provisions laid down in our General Business Conditions. 

 

(10)  Please refer to our General Business Conditions for further details. 

Company Gerhard D. Wempe KG  

(Trade register AG-Hamburg HR A 40549, UST-ID Nr. DE 118902328)  

Steinstraße 23 

20095 Hamburg 

represented by Kim-Eva Wempe, Hellmut Wempe (personally liable)  

 

(11)  As a consumer you have a right of cancellation in accordance with the following cancellation policy: 

 

 

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B. CANCELLATION POLICY FOR CONTRACTS ENTERED INTO ONLINE AND RETURN OF GOODS  

RIGHT OF CANCELLATION  

 

You have the right to cancel a contract that has been concluded within fourteen days without stating reason. 

This cancellation period is valid for fourteen days from the day when you or a third party appointed by you other than the carrier takes delivery of the goods. 

In order to exercise your cancellation right, you should send us, namely  

Gerhard D. Wempe KG, Steinstraße 23, 20095 Hamburg  

Phone: +44 (0)20 7493 2299 

Fax: +44 (0)20 7493 2229 

E-mail: london@wempe.com  

 

a clear declaration (e.g. a letter by post, fax or email) of your decision to cancel this agreement. To this end you may use the attached sample cancellation form, though this is not essential. In order to preserve your cancellation right, it is simply necessary to submit your declaration before expiry of the cancellation period. 

 

Consequences of cancellation 

Upon receipt of cancellation from you we are obliged to refund to you all payments received immediately and latest fourteen days from receipt of your cancellation confirmationRepayment is made by the same payment means you used to place the original order, unless there is some other arrangement; under no circumstances do we charge any fees in respect of such repayment.  

 

For goods shipped by DHL 

We may refuse repayment before receipt of the returned goods or your confirmation with evidence of return of the goods, whichever is earlierYour obligation is to return the goods to us immediately and in any case latest fourteen days from the date of cancellation declaration to us. This requirement is deemed met, provided you dispatch the goods within fourteen days. 

 

We bear the cost of returns. 

You are only required to pay for deterioration in goods value, if upon examination of condition, features and functionality of the goods the deterioration is shown to be due to your unnecessary intervention. 

 

For goods shipped by UPS or Intex  

We collect the goods at our cost.  

You are only required to pay for deterioration in goods value, if upon examination of condition, features and functionality of the goods the deterioration is shown to be due to your unnecessary intervention. 

 

End of the cancellation policy 

 

Additional instructions 

If you return the items you have ordered by DHL, please affix the provided return label at a clearly visible place on the outside of the shipping box and post the parcel at a DHL station.  

We gladly provide you with a new label under london@wempe.comPlease send us for this purpose the number stated at the top of your return form.  

 

We will arrange the collection of items that have been delivered by UPS or Intex. For this purpose, please contact the Wempe Customer Service.  

 

Tel.: +44 (0)20 7493 2299 

 

(Monday-Friday, 10:00a.m. – 06:00 p.m, Saturday 12:00 a.m. - 05:00 p.m.), 

 

e-mail: [email protected]. 

 

We will then arrange the collection and return shipment by UPS or Intex, depending on whether the goods were originally sent to you by UPS or Intex. 

If you wish to return the items at one of our Wempe branches, you will find a list of the Wempe branches at https://www.wempe.com/en-gb/showrooms/. 

 

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Sample of cancellation form  

(If you wish to cancel the agreement, please complete and return this form.) 

 

To 

Gerhard D. Wempe KG 

Steinstraße 23, 

20095 Hamburg 

E-maillondon@wempe.com 

Fax: +44 (0)20 7493 2229 

 

Hereby I/we (*) cancel my/our (*) agreement for purchase of the following goods (detailed description to clearly identify to which items the cancellation refers) (*) 

 

  • Ordered on (*)...../received on (*).....:  

  • Name of the consumer(s):  

  • Address of the consumer(s): 

  • Date: 

  • Signature of consumer(s) (only for notification in paper form): 

 

(*) Delete as appropriate 

 

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