Standard Terms of Business and Customer Information

I. Terms

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you make with us as a provider (Matoma GmbH) Close via the kuckucksuhren.shop website. Unless otherwise agreed, the inclusion of your own conditions that may have been used is contradicted.

(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods .

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to Order" button
  (or similar name) After entering your personal data and the terms of payment and shipping, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before submitting the order, you have the option to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
 

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

§ 3 Right of Retention, Retention of title

(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

§ 4 Warranty

(1) There are statutory liability for defects.

(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 5 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

(2)  The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention explicitly do not apply.



II. Customer Information

1. Identity of the seller

Matoma GmbH
Achauerstr. 8
78647 Trossingen
Germany
Phone: 0742533840
Email: info@kuckucksuhren.shop

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

2. Information about the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, treaty text storage

3.1. Contract language is German .

3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system  the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have submitted to the buyer's seal quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de / downloads / käufersiegel /buyer sealcertification criteria.pdf.

5. Essential characteristics of the good or service

The essential characteristics of the goods and / or services can be found in the respective offer.

6. Price and payment methods

6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3. If the delivery to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

6.4. Costs of money transfer incurred (Bank transfer or exchange rate fees) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.

7. Delivery terms

7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.

8. Statutory warranty rights

The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These terms and conditions and customer information has been prepared by the specialist on IT law attorneys of the Händlerbund and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de / services /legal security / general terms and conditions service.

last update: 01.01.2022