Terms and Conditions of Henri Benett
This following terms and conditions apply to all activities of Henri Benett, Hepp & Weil GbR, Wilhelm-Hale-Str. 7, 80639 Munich, Germany (following Henri Benett) advertised on our website www.henribenett.com (following website). This terms and conditions are brought to the attention of all customers through uploading them unto the website and form part of any agreement between customer and us.
1.1 Henri Benett is the operator of the website www.henribenett.com. On the website Henri Benett sells watches and jewellery of all kinds (following goods).
2. Conclusion of contracts
2.1 The following terms and conditions are the basis of each contract between customers and us. They become part of the aforementioned contract. The terms and conditions of commercial customers and consumers and its inclusion in the aforementioned contract is hereby expressly contradicted.
2.2 In the course of using our website the customer has the opportunity to select the goods displayed there by clicking the selection button and to move them into the shopping cart.
2.3 When an order is placed via the online shop, the following rules apply:
If a customer goes through the order process shown below, he makes a binding offer to us. The order process takes place in these steps:
a) Select the desired goods
b) Confirm by clicking the “add to cart” button
c) Check all details in the shopping cart
d) Press the button “Continue to checkout”
e) Login to the shop after registering and entering the registration data (e-mail address and password) or ordering as a guest.
f) Checking and correcting all entered data.
g) Binding submission of the order by pressing the button “Buy now”.
Before submitting the order, you can click on the “Back” button on your browser to go back to the page where the information you submitted during the order process is collected after checking your details. There you can correct any errors or end the ordering process by closing the browser.
2.4 An order through our website constitutes an offer to conclude a contract of sale. By sending a confirmation via the website, we accept your offer.
2.5 The contractual information and contractual texts underlying the purchase contract concluded with us are not stored on the website after conclusion of the contract. Customers are responsible for archiving the aforementioned information accessible via the website for purposes of proof, accounting or other purposes on a storage medium independent of the website. We do not store contract texts ourselves and do not make them accessible.
3. Cancellation of Agreement for consumers according to Para. 13 German Civil Code (BGB)
3.1 Customers have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which customers or a third party nominated by them, other than the carrier, take possession of the goods.
3.2 In all other cases to exercise customer`s right of cancellation, we are to be informed at:
Henri Benett, Hepp & Weil GbR, Wilhelm-Hale-Str. 7, 80639 Munich, Germany, Email: email@example.com with a unique declaration (e.g. a letter sent by mail or email) of customer`s decision to cancel this contract. The customer can optionally use the attached sample cancellation form. The customer can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website.
Once the customer has made use of this possibility, we will send the customer confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
3.3 Consequences of cancellation: If the customer cancel this contract, we are obliged to repay all payments that we have received from the customer including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that the customer used in the original transaction, unless something else has been expressly agreed with the customer; in no instances will fees be charged for this repayment.
3.4 We may refuse to refund payments until we have received the goods again or until the customer have demonstrated that he has returned the goods, whatever is sooner. The customer must return or hand over the goods promptly and in any case no later than fourteen days from the date on which he has informed us about the cancellation of this agreement. The deadline is guaranteed, if the customer sends the goods before expiration of the fourteen-day period.
3.5 All consumers are hereby informed that according to Para. 356 Subsec. 4 of the German Civil Code (BGB) the customers forfeits his/her right to cancel the aforementioned contract od sale if the consumer expressly wishes that the service is started before the expiry of the withdrawal period and the consumer has at the same time confirmed his knowledge of the fact that he loses his right of cancelation with full performance of the contract and we completed the contract
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
4. Terms of payment & shipping
4.1 The purchase of goods via the shop on the website takes place against the use of a means of payment specified on the website.
4.2 All prices quoted on the website are non-binding and can be adapted by us at any time. This includes both the actual price of the articles and the value added tax valid at the time the contract was concluded.
4.3 You hereby authorize us to use the payment method chosen by you for each purchase of goods on the website. In addition, you agree now that your address and bank details (name, address, telephone number, account number, bank code) and your other payment data (in particular credit card information) for the purpose of transaction processing may be forwarded to third parties for collection, processing, use and ensuring the processing of payment transactions.
4.4 Should the collection of due payment amounts not be possible based on reasons which are solely the responsibility of the customer, the customer will automatically be regarded as in default of payment without the need for a reminder. Any resulting chargeback fees and other applicable fees and expenses shall be borne by the customer.
4.5 If invoices from deliveries and services are paid via SEPA direct debit procedure, the customer receives advance information on direct debits. The pre-notification deadline will be reduced to 5 days before the due date (or 2 days for recurring payments). In the case of so-called COR1 direct debits, the pre-notification deadline for customers from the countries in which this form of direct debit is offered is shortened to 1 or 2 days.
4.6 The customer hereby warrants to ensure the coverage of a bank account. Costs incurred due to non-payment or reversal of the debit are at the expense of the customer, as long as the non-payment or the chargeback was not caused by us.
4.7 Depending on the country of issue of the credit card used for any payment, conversion fees may apply.
4.8 We deliver worldwide. A precise and up-to-date list of all countries to which we deliver can be found on the website.
4.9 The goods are always shipped to the address specified by the customer. The customer undertakes to ensure that the delivery address specified by him is correct. Any transmission errors are at the expense of the customer.
4.10 We reserve the ownership of the delivered goods until full payment of the purchase price.
4.11 We reserve the ownership of the delivered goods to commercial customers until full payment of all claims arising from the delivery relationship.
5.1 Statutory warranty rights apply to all goods sold via the website.
5.2 The customer undertakes to inspect the delivered goods immediately for possible transport damage and other external defects. If such damage or defects are discovered, the customer will secure the appropriate evidence. The customer rescinds any recourse claims, handing over the aforementioned proofs to payment experts.
5.3 The customer cannot derive any rights from defects that do not or only insignificantly impair the value or suitability of the goods for the agreed, assumed or customary use.
5.4 If the goods are liable for a defect at the time of the transfer of risk, we are initially only entitled and liable for supplementary performance. The supplementary performance is carried out at our discretion by repair or replacement.
5.5 The customer can only withdraw from the contract or demand reduction of the purchase price or the compensation (abatement) if at least two of our supplementary performance attempts have remained unsuccessful within a reasonable period of time.
5.6 If a subsequent performance takes place by way of replacement delivery, the commercial customer is obliged to return the previously delivered goods to us at the customer’s expense within 30 days after receipt of the replacement delivery.
6.2 The businesslike collection, storage, modification or use of personal data for the purpose of transmission is always permissible, in particular if this is for advertising or the activity of information service providers or address trading. Furthermore such actions are permissible if there is no reason to assume that the customer has a legitimate interest in the exclusion of the collection, storage or modification of personal data.
6.3 In accordance with statutory permission we are entitled to use the email address provided by the customer when registering for one of our services for direct advertising for our own services, as they are the subject matter of contract.
6.4 In the event that you do not wish to receive direct marketing or disagree with the use of your data, you can stop the corresponding use of your data at any time by email to the email address mentioned in the imprint on the website or in writing to us at any time.
6.5 If the customer objects to the processing or use of his data for purposes of advertising or market or opinion research, processing or use for these purposes are inadmissible.
7. Copyrights and trademarks
7.1 All texts, images, graphics, sound, video or other images and their arrangement on the website are protected by law (Copyright © 2017 Henri Benett, all rights reserved).
7.2 Without the express written consent of Henri Benett, the contents of the website may not be copied, distributed, modified or made accessible to third parties for commercial purposes. In the case of a commercial use without the written permission of Henri Benett, the customer or agent undertakes to pay a fine according to the relevant competition law. The penalty depends on the seriousness, extent and danger of the infringement committed. Each violation will be punished by civil and criminal law.
7.3 Some of the images reproduced on the website are partly subject to the copyright of third parties. The customer agrees to respect these and not to hurt.
8. Warranty concerning website use
8.1 We and third parties affiliated with us are not liable to customers for any special, incidental, direct, indirect or consequential damages of any kind or damages of any kind arising from the loss of use, data or profits, regardless of whether the possibility such damage could have been caused as a result of or in connection with the use of the website.
8.2 We are, however, liability, as far as the cause of the damage is based on an intentional or grossly negligent breach of duty on our part or by a legal representative or vicarious agent.
8.3 We are also liable for the negligent violation of essential contractual duties. These are obligations whose breach jeopardizes the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. In such a case, payment experts are liable only for the predictable, contract-typical damage. However, we are not liable for the negligent violation of obligations other than those mentioned in the preceding sentences.
8.4 All limitations of liability listed in these terms and conditions shall not apply in the event of injury to life, limb or health, for a defect after assuming a guarantee for the quality of the product or services and for fraudulently concealed defects.
9. Subject to Change
9.1 We reserve the right to change these terms and conditions at any time in our sole discretion by publishing an updated version of the terms and conditions on the website.
9.2 All changes to these terms and conditions shall be deemed approved if the customer does not object to the change of the terms and conditions within 30 days of receipt of the notice.
9.3 If, despite the changed terms and conditions, the customer continues to use the website after the expiry of the 30-day period, the further use shall be deemed a binding approval to the changes of the terms and conditions.
10.1 Only customer shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
10.2 These terms and conditions are the sole contract in force between customer and Henri Benett in connection with website and the services provided by that said website. These terms and conditions replace all other agreements in force up to date.
11.1 These terms and conditions are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law. The place of jurisdiction is, as far as a contractual choice of court agreement is admissible, Munich as agreed.
11.2 All changes or additions to this contract must be made in writing to be valid. This also applies to the written form requirement per se.
11.3 Insofar as individual provisions of these terms and conditions are wholly or partially invalid, the validity of the contract and the remaining provisions shall remain unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision.
11.4 The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchases or service contracts involving a consumer.
11.5 We hereby inform all consumers that we are not willing or obliged under the Act on Alternative Dispute Resolution in Consumer Matters (VSBG) to participate in any dispute settlement procedure before a Consumer Conciliation Body.
Last updated: November 2017
Sample revocation of contract
Please fill in:
Revocation of contract
Henri Benett – Hepp & Weil GbR
I / we hereby revoke the contract concluded by me / us with regard to the purchase of the following goods / provision of the following service:
(Please describe the goods, indicate the order number and the price if applicable)
The order was placed on the following pages
This product was last modified on:
First given name:
Date (s) of revocation:
(Only with written cancellation)
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.