General terms

General Terms of Contract between the House of Black Forest Clocks and any consumer, user, or visitor who does not reside in Germany Austria, or Switzerland in respect of goods ordered and the use of the website www.houseofblackforestclocks.com

06/2003

Preamble:

The House of Black Forest Clocks is a German company situated in 78132 Hornberg, Landstr. 7, Germany (Phone: -49/7833/8037, Fax –49/7833/7724, e-mail: a.herruhren@t-online.de, web:www.houseofblackforestclocks.com). Proprietor is Adolf Herr. They use secure data transmission on their website that each customer can transmit his/her personal data securely when using the website.

1. Subject matter, valid version
(1) Subject to these terms of contract is every sale, delivery, and service that takes place between the House of Black Forest Clocks and a consumer and/or any user/visitor of the website www.houseofblackforestclocks.com who is not a resident of Germany, Austria, nor Switzerland, particularly when all the communication and the acceptance of the contract takes place by the sole use of means of distant communication e.g. phone, fax, e-mail, letter, internet etc. The consumer accepts the validity of these general terms of contract by pressing the “accept”-button when filling out the order form on the website or when placing an order in a different manner. The user accepts the validity of these general terms when opening the website www.houseofblackforestclocks.com.
The terms of contract are always valid in the version that can be opened on the website www.houseofblackforestclocks.com at the time of visiting/using the website, particularly when clicking the accept-button or placing an order. Every consumer will get the terms of contract in a printed form together with the delivery of the ordered good. Consequently, further orders will be subject to the terms of contract that may be opened on the above mentioned website at the time of placing the further order.
(2) Terms of contract of the buyer/user/visitor, in particular buying conditions, will under no circumstance overrule any part of these terms of contract, except if explicitly accepted by House of Black Forest Clocks in a written form.
(3) These terms of contract are part of the contract itself. Additions, modifications etc. will only be valid if House of Black Forest Clocks accepts them at the time the consumer places the order.

2. Price, availability, accepting the contract
(1) Each order will be subject to the price that may be seen on the website www.house-of-black-forest-clocks.com at the time of the consumer sending the order. In any other circumstance the prices may vary, as may the availability of the particular goods and the time of delivery. Especially if the particular item is not available, the House of Black Forest Clocks reserves the right to choose whether it accepts the offer at all and at what time it accepts the offer.
When a customer places an order by using the tools on the website, the ordered goods are only subject to the price that is found on the website next to the picture of the particular item.
As soon as the buyer places the items in the virtual cart, the website will add the final price including shipment, insurance and taxes if they are part of the order. The shipped goods may be subject to customs of the consumer’s country on which the House of Black Forest Clocks does not have any influence and that may vary from country to country. Accordingly, the added price in the cart does not include any custom fees. Taxes and shipment fees depend on the prior chosen country category and on the number of chosen items. Shipment and insurance fees that are found next to the images of the respective items are only valid in respect to the shipment of only that single item. If the consumer chooses serveral items to be shipped to one destination, the website will add the individual final price if the consumer clicks the button “final price”.
If the consumer places the order by phone, fax, letter, email etc., the ordered good is subject to the price the House of Black Forest Clocks had told the consumer right before he/she placed the order.
If the goods are to be shipped to a member-state of the EEC, the added final price will include a VAT of 19 % on the price of the item. The shipment and insurance fees will be added up automatically when pressing the button “final price”.
If the goods are to be shipped to a country outside of the EEC, the price of the item does not include the VAT because that particular sale ist not subject to German VAT. Shipments of goods to a country outside of the EEC may be subject to custom fees of the country of destination. House of Black Forest Clocks does not know the custom rates of any foreign country, so the added final price does not include any custom fees.
Goods will be shipped by using Deutsche Post AG. Deutsche Post AG is the general German mail service.
(2) Despite an express written confirmation of the order, the contract will come into existence when House of Black Forest Clocks send the ordered item out for delivery - for the latest, when the consumer accepts the delivery. Individual information on the prices of goods are no confirmation of the order nor of the contract.
House of Black Forest Clocks will accept the consumer’s offer to buy a particular item when they have received the payment for the ordered good including shipment and insurance fee. Reception of such payment will take particularly place as soon as the credit card company confirms the payment to House of Black Forest Clocks and the latter receives such confirmation. House of Black Forest Clocks reserves the right zu reject an order without giving reason for such rejection, in particular if the credit card company refuses to confirm payment.

3. Conditions of payment, exchange rates and secure data transmission.
(1) The consumer has to pay the total price of the goods ordered - including the necessary taxes, shipment and insurance if so ordered. How to learn the individually valid total price see no. 2 (1).
House of Black Forest Clocks will not accept the consumers offer to buy certain goods as long as House of Black Forest Clocks has not received the corresponding payment. House of Black Forest Clocks reserves the right to finally reject the offer if the consumer has not paid the price for the goods ordered and if House of Black Forest Clocks has not received such payment within a reasonable time.
(2) The valid currencies for the said prices are deutschmark and euro. If there are prices in any other currencies despite deutschmark and euro on the website, these prices in foreign currencies are non-committal estimates to give the buyer a rough idea how the price might be in the foreign currency. Basis for these estimates are the currency rates published in the German media.
(3) The accepted ways of payment are payment by credit card, by using eurocheques, by using travellers cheques and by paying in cash.
(a) Payment by credit card:
in order to perform payment the client transmits his/her credit card information to House of Black Forest Clocks by completing the order form on the website, by fax, by mail or by phone. The necessary credit card information the client needs to transmit are the name of the credit card company, the number of the credit card and the expiration date. House of Black Forest Clocks use SSL-security-system on their website for the transmission of credit card information from the client to House of Black Forest Clocks to prevent a third party from getting knowledge of the client’s credit card information.
If the client pays by credit card from a foreign country that does not belong to the euro-states, the exchange rate will be defined by the client’s credit card company when the company bills the client’s credit card account. House of Black Forest Clocks does not have any influence on the exchange rate that the client’s credit card company uses.
(b) Payment by eurocheque:
House of Black Forest Clocks will only accept a eurocheque up to an amount of DM 400,00 200,00 EUR each. The amount has to be filled in in deutschmarks or in euro.
(c) Travellers cheques and cash:
House of Black Forest Clocks will accept travellers cheques and cash. If travellers cheques or cash are in a currency other than deutschmarks or euro, the payment will be subject to the exchange rate on the day House of Black Forest Clocks receive the payment and that is published in the German media on the day of its reception.

4. Delivery
(1) All goods - except delivery of grandfather Clocks within Germany - will be shipped by German regular mail (Deutsche Post AG). House of Black Forest Clocks do not have direct influence on the services of Deutsche Post AG. For that reason the following estimates of time for shipment are non-committal. HOUSE OF BLACK FOREST CLOCKS WILL NOT BE LIABLE FOR ANY DELAY THAT IS CAUSED BY DEUTSCHE POST AG. THE ESTIMATES OF TIME OF DELIVERY ARE NO WARRANTY, NEITHER EXPRESS NOR IMPLIED, THAT THE GOODS WILL ARRIVE WITHIN THE ESTIMATED TIME. If the client prefers a different way of delivery, the parties may agree on such a different way. If the different way of shipment is more expensive than the rates of Deutsche Post AG, the client has to pay equivalently higher shipment fees. Delivery of grandfather clocks within Germany is free. Particularly in the time of school holidays in summer, before Easter and before Christmas, the client must consider a longer time for delivery.
(2) Delivery of goods within Germany - despite of grandfather clocks - takes generally two weeks. If the client orders a grandfather clock, House of Black Forest Clocks will tell the client - for the latest when confirming the order - in what time the grandfather clock will be delivered.
(3) In general, delivery of goods in a country that is part of the EEC will take 2 - 3 weeks.
(4) Delivery to a destination in any other country generally takes 4 - 6 week.
(5) House of Black Forest Clocks reserve the right to reject the order of goods that House of Black Forest Clocks do not have on stock and that they will not have on stock within an reasonable time. House of Black Forest Clocks will inform the client about the unavailability of the particular good within a reasonable time.
(6) House of Black Forest Clocks may at their own discretion deliver several goods in different installments.

5. Limitation of liability, express warranty, disclaimer of warranties, insurance
(1) ALL GOODS THAT ARE TO BE DELIVERED ARE INSURED ON THEIR WAY TO THE DESTINATION GIVEN BY THE CLIENT. THE CLIENT HAS TO PAY INSURANCE FEES THAT ARE PART OF THE TOTAL PRICE THE CLIENT PAYS. AFTER RECEIVING THE GOODS THE CLIENT MUST IMMEDIATELY INFORM THE DELIVERING PERSON OR COMPANY OF ANY DAMAGE OF THE PACKAGING AND THE GOODS. THE CLIENT NEEDS THE DELIVERY COMPANY TO CONFIRM THE DAMAGE IN WRITTEN FORM. THE CLIENT HAS FURTHER TO INFORM HOUSE OF BLACK FOREST CLOCKS IMMEDIATELY AFTER DISCOVERY OF ANY DAMAGE. IF THE GOOD HAD BEEN DAMAGED WHEN IT ARRIVED AT THE GIVEN DESTINATION AND IF THE CLIENT SENDS THE ORIGINAL CONFIRMATION OF THE DELIVERING COMPANY TO HOUSE OF BLACK FOREST CLOCKS THAT THE GOOD HAD ALREADY BEEN DAMAGED WHEN DELIVERED TO THE DESTINATION, THE CLIENT HAS THE CHOICE TO EITHER RESCIND THE CONTRACT OR TO DEMAND THE DELIVERY OF A SUBSTITUTE.
IN CASE OF RESCISSION OF CONTRACT THE CLIENT HAS TO SEND BACK THE DAMAGED GOOD TO HOUSE OF BLACK FOREST CLOCKS AND THE LATTER WILL RECREDIT THE SALE PRICE INCLUDING SHIPMENT - HOWEVER, EXCLUDING THE INSURANCE FEE - ON THE CLIENT’S CREDIT CARD ACCOUNT. IF THE CLIENT HAD TO PAY FOR SENDING THE DAMAGED GOOD BACK TO HOUSE OF BLACK FOREST CLOCKS, THE LATTER WILL CREDIT THAT AMOUNT ON THE CLIENT’S CREDIT CARD ACCOUNT, ALSO.
IF THE CLIENT CHOOSES TO DEMAND DELIVERY OF A SUBSTITUTE, HE/SHE MUST SEND BACK THE DAMAGED GOOD TO HOUSE OF BLACK FOREST CLOCKS. THE LATTER WILL CREDIT ANY COST FOR SENDING THE GOOD BACK ON THE CLIENT’S CREDIT CARD ACCOUNT. FREE SHIPMENT OF A SUBSTITUTE OF THE SAME PRODUCT IS ONLY POSSIBLE IF HOUSE OF BLACK FOREST CLOCKS HAVE SUCH SUBSTITUTE STILL ON STOCK. IF A SUBSTITUTE IS NOT AVAILABLE, HOUSE OF BLACK FOREST CLOCKS WILL INFORM THE CLIENT WITHIN A REASONABLE TIME AND RECREDIT THE SALE PRICE INCLUDING SHIPMENT - EXCLUDING INSURANCE FEES, ON THE CLIENT´S CREDIT CARD ACCOUNT.
HOUSE OF BLACK FOREST CLOCKS MAY AT THEIR OWN DISCRETION WAVE THE RIGHT TO DEMAND RETURN OF THE DAMAGED GOOD. DIMINUTION IN VALUE IS ONLY POSSIBLE AFTER AN EXPRESS CONSENT OF HOUSE OF BLACK FOREST CLOCKS.
(2) IF THE RECEIVED GOODS DIFFER SLIGHTLY IN QUALITY, SIZE, NUMBER OR COLOUR TO THE PICTURES IN CATALOGUES, ON MAILINGS, ON THE WEBSITE, OR TO GOODS DELIVERED EARLIER, THAT DIFFERENCE CANNOT BE CONSIDERED A FLAW THAT MAKES ANY CLAIM OF THE CLIENT RAISE.
HOUSE OF BLACK FOREST CLOCKS LIMIT THEIR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY FOR ALL GOODS THAT ARE SOLD TO A TIME OF 6 MONTHS AFTER DELIVERY TO THE DESTINATION GIVEN BY THE CLIENT. ONLY THE WARRANTY FOR MECHANICAL CLOCKWORKS OF CUCKOO-, WALL-, AND MANTLECLOCKS IS LIMITED TO A TIMEPERIOD OF TWO YEARS AFTER DELIVERY OF THE CLOCK TO THE DESTINATION GIVEN BY THE CLIENT. CLOCKWORKS THAT ARE BATTERY OPERATED ARE IN THAT RESPECT NOT CONSIDERED MECHANICAL CLOCKWORKS.THE WARRANTY FOR CLOCKWORKS OF GRANDFATHER CLOCKS IS LIMITED TO A TIMEPERIOD OF FIVE YEARS AFTER DELIVERY OF THE CLOCK TO THE DESTINATION GIVEN BY THE CLIENT:
IN ANY OTHER RESPECT, ESPECIALLY AFTER A TIMEPERIOD OF TWO YEARS FOR MECHANICAL CLOCKWORKS AND SIX MONTH FOR ANY OTHER GOOD OR PARTS OF GOODS AFTER DELIVERY TO THE GIVEN DESTINATION, THE CLIENT AND HOUSE OF BLACK FOREST CLOCKS AGREE THAT THE GOOD IS SOLD, DELIVERED, AND RECEIVED “AS IS” AND THAT HOUSE OF BLACK FOREST CLOCKS MAKES NO FURTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AFTER THE ELAPSE OF THE AFOREMENTIONED TIME PERIOD.
(3) HOUSE OF BLACK FOREST CLOCKS WILL NOT BE LIABLE FOR DAMAGES OF THE DELIVERED GOODS THAT ARE NOT DIRECTLY CAUSED BY HOUSE OF BLACK FOREST CLOCKS, BY ONE OF THEIR AGENTS, OR BY THE DELIVERING COMPANY - IN PARTICULAR FOR DAMAGES THAT OCCUR AFTER DELIVERY TO THE GIVEN DESTINATION, E.G. CAUSED BY INCORRECT HANDLING OF THE GOOD ESPECIALLY WHEN NEGLECTING THE INSTRUCTIONS. IN ANY EVENT, ALL WARRANTY AND LIABILITY OF THE CLIENT SHALL TERMINATE IF THE EQUIPMENT IS OPERATED NOT IN STRICT CONFORMITY WITH THE OPERATION MANUALS OR IN THE EVENT OF ANY INTERFERENCE OF THIRD PARTIES. THE DUTIES, LIABILITIES AND OBLIGATIONS OF HOUSE OF BLACK FOREST CLOCKS DO NOT EXTEND TO ANY REPAIRS, ADJUSTMENTS, ALTERATIONS, REPLACEMENTS OR MAINTENANCE WHICH MAY BE REQUIRED AS A RESULT OF NORMAL WEAR AND TEAR IN THE OPERATION OF THE EQUIPMENT, NORMAL DEGRADATION IN THE PERFORMANCE OF THE EQUIPMENT AS A RESULT OF CLIENT S FAILURE TO OPERATE OR MAINTAIN THE EQUIPMNET IN ACCORDANCE WITH THE MANUFACTURER S RECOMMENDATIONS.
HIDDEN DEFECTS SHALL MEAN ONLY SUCH DEFECTS WHICH ARE BEEN CAUSED BY HOUSE OF BLACK FOREST CLOCK S GROSS NEGLIGENCE AND COULD NOT HAVE BEEN DETECTED BY A REASONABLE INVESTIGATION CARRIED OUT BY CLIENT PRIOR TO THE EXPIRY OF THE ORIGINAL WARRANTY PERIOD. IN ANY EVENT, ALL WARRANTY AND LIABILITY OF HOUSE OF BLACK FOREST CLOCKS FOR DEFECTS, WHETHER HIDDEN OR NOT, SHALL TERMINATE 5 YEARS FROM THE DATE OF SHIPMENT OF THE GOOD GIVING RISE TO THE CLAIM. (4) THE SERVICE OF THE WEBSITE AND THE INFORMATION THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE.” WITHOUTH A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOUSE OF BLACK FOREST CLOCKS DOES NOT WARRANT:

THE ACCURACY, ADEQUACY, QUALITY, CURRENTNESS, VALIDITY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION FOR ANY PURPOSE;
THAT ANY INFORMATION WILL BE FREE OF DEFECTS OF INFECTION BY VIRUSES OR ANYTHING ELSE THAT CONTAMINATES OR DESTROYS PROPERTY;
OR THAT THE FUNCTIONS OR SERVICES PERFORMED BY HOUSE OF BLACK FOREST CLOCKS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN HOUSE OF BLACK FOREST CLOCKS´WEBSITE WILL BE CORRECTED.
THE CLIENT AGREES THAT HIS/HER USE OF THIS WEBSITE SERVICE IS AT HIS/HER SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF THE CLIENT RELIES ON THIS WEBSITE OR ON ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, HE/SHE DOES SO AT HIS/HER OWN RISK.
IN NO EVENT WILL HOUSE OF BLACK FOREST CLOCKS OR THEIR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, “LOSS OF PROGRAMS OR INFORMATION”, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS WEBSITE AND ANY INFORMATION THEREON, EVEN IF HOUSE OF BLACK FOREST CLOCKS OR THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN THE USER OF THE WEBSITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE OR FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION.


THERE IS NO DUTY NOR OBLIGATION FOR HOUSE OF BLACK FOREST CLOCKS TO EXAMINE THEIR WEBSITES FOR VIRUSES OR ANY OTHER HARMFUL CONTENT.
(5) CERTAIN JURISDICTIONS LIMIT THE APPLICABILITY OF WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SO THE ABOVE DISCLAIMERS OF WARRANTY AND LIABILITY MAY NOT APPLY TO PEOPLE WHO ARE SUBJECT TO SUCH JURISDICTIONS.

7. Privacy Policy
(1) Despite one exception (see (3)), House of Black Forest Clocks does not collect personal information about the visitor of their website unless the visitor chooses to provide such information to House of Black Forest Clocks.
(2) However, House of Black Forest Clocks collect and store certain information automatically.
If the visitor of the website does nothing but browse through the website, read pages, or download information, House of Black Forest Clocks will gather and store certain unpersonalized information of the visit automatically. This information does not identify the visitor personally. House of Black Forest Clocks automatically collect and store only:

a) date and time of the visitor´s access to the site;
b) the visited pages;
c) if the visitor linked to the website from another website, the address of that website.


House of Black Forest Clocks use the information to count the number and type of visitors to the different pages on their site.
(3) This site uses one single cookie on its pages to identify the user and to enhance the user´s comfort when browsing through the page. Particularly, it helps the user to come back to neglected orders. The use of only one cookie may change when the visitor links to a different website.
(4) If the visitor/client chooses to provide House of Black Forest Clocks with personal information, as in an email, a feedback, or a registration form, House of Black Forest Clocks will use that information to improve their service or to respond to a request. House of Black Forest Clocks may forward that information to their employees. House of Black Forest Clocks will forward that information to third parties only for purposes that are directly or indirectly connected to the transaction of the client, e.g. to the customs office, tax office, accountant, lawyer, bank, credit card company, etc, especially, for reasons of enforcement or breach of contract.
(5) House of Black Forest Clocks´ website has links to different sites. Please note: when the visitor follows a link to another website, he/she is no longer on House of Black Forest Clocks´ website nor protected by their privacy policy. The client is then subject to the privacy policy of the new website.

8. Jurisdiction and venue, governing law and severability
(1) In the event of a lawsuit, after an attempt to find an amicable solution, the parties hereby expressly agree on jurisdiction of the commercial court of Constance/Villingen, Germany, notwithstanding the plurality of the defendants, introduction of third parties, including emergency proceedings or protective orders, summary proceedings or petitions.
The parties further expressly agree that the appropriate forum for any disputes arising out of the use of this website or the order of any good at House of Black Forest Clocks, or the transactions contemplated hereby shall be the commercial court of Constance/Villingen, Germany. (2) Any deal, sale ore contract that is made beetwen a client and House of Black Forest Clocks by means of distant communication (internet, email, fax, phone, mail etc.) is governed solely by German law without the German conflicts of law statutes and without Fernabsatzgesetz for substance as well as form.
(3) If one or several of the provisions of the present gerneral terms of contract are held to be unenforcable or invalid or are declared as such by application of law, regulation or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.

Mit freundlichen Grüßen Best regards Juergen Herr Customer Service House of Black Forest Clocks Adolf Herr Landstr. 7 78132 Hornberg Germany phone: +49(0)7833/8037 fax: +49(0)7833/7724 e-mail: a.herruhren@t-online.de www.house-of-black-forest-clocks.com
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