General Terms & Conditions of Business


Information in accordance with ECG [Austrian E-Commerce Act]:

JACQUES LEMANS GmbH
Jacques Lemans Straße 1
9300 St. Veit an der Glan
Austria
Phone: +43 (0) 4212 5444-0
Fax: +43 (0) 4212 5444-20
Email: onlineshop@jacques-lemans.com

Commercial register no.: FN 103610v
Commercial register court: Regional Court of Klagenfurt
VAT no.: ATU 26129301
Legal form: GmbH
Information, disclosures and complaints to: Jacques Lemans GmbH
Company: Jacques Lemans GmbH is a member of the Austrian Federal Economic Chamber

Section 1: Scope of Application

1) The following General Terms and Conditions of Business apply in the version in force on the day of ordering to all purchase agreements made with consumers via the Internet shop //jacques-lemans.com/shop belonging to Jacques Lemans GmbH.

2) The Internet shop //jacques-lemans.com/shop is aimed only at consumers. A consumer – also referred to hereinafter as Customer – is anyone considered to be a consumer within the meaning of Section 1 KSchG (Konsumentengesetz) [Austrian Consumer Protection Act]. By issuing his/her order the Customer declares his/her agreement to these General Terms and Conditions of Business and that he/she shall be bound by them. Alternative agreements shall be made in writing.

3) If individual provisions of these General Terms and Conditions of Business are fully or partially ineffective due to compulsory statutory regulations, the remaining provisions of these General Terms and Conditions of Business shall remain unchanged and continue to be effective.

 Section 2: Conclusion of Contract

1)  The presentation of the products in the online shop does not represent any legally binding offer on our part, but a non-binding online catalogue. By clicking on the button “buy” / “order with obligation to pay” you as a consumer/customer issue a binding order for the goods contained in your shopping basket. Confirmation of the receipt of your order shall take place together with the acceptance of your order by automated e-mail immediately after you have sent your order. The Purchase Agreement comes into force with this e-mail confirmation.

2) The Customer issues a binding offer to contract by successfully completing the order process provided for in our Internet shop.

The binding online order takes place in the following steps:

  1. Selecting the desired goods
  2. Confirming this by clicking on the “Add to basket” button
  3. Checking the details in the shopping basket
  4. Pressing the button “Go to checkout”
  5. Logging in to the Internet shop after registering and entering the user’s details (e-mail address and password)
  6. Checking the details entered once again or as necessary correcting the details that have been entered
  7. Selecting the payment method and submitting the binding order

3) After checking his/her details and before submitting the binding online order, the Customer can click on the “Back” button in his/her Internet browser and return to the Internet page on which his/her details are entered, and correct any input errors or as appropriate cancel the order process by closing the Internet browser.

Section 3: Right of Cancellation

1) Customers who are consumers as defined by the Consumer Protection Act can cancel their purchase without stating the reasons within 14 days of accepting the goods. It shall be sufficient for the Customer to send his/her declaration of cancellation within the set time period without stating the reasons. The declaration of cancellation and the returned goods should be sent to:

JACQUES LEMANS GmbH
Onlineshop Retourware
Jacques-Lemans-Straße 1
9300 St. Veit an der Glan
Austria

2) In the event of cancellation by the Customer, the purchase price shall be refunded only against the return of the goods. For this the goods must be in unused and thus resalable condition. The Customer shall bear the costs of returning the goods.

3) In the case of goods that have been adversely affected by traces of use or damaged, Jacques Lemans GmbH shall charge an appropriate compensation for the reduction in value. The Customer shall only have to pay compensation for the value if the use or deterioration is ascribable to the goods having been handled in a way that goes beyond inspecting its properties and functionality. “Inspecting its properties and functionality” means testing and trying out the goods concerned in such a way as for example is possible and usual in a shop.

4) Obligations to refund payments must be fulfilled within 30 days. This period shall commence for the Customer when the declaration of cancellation is submitted and for Jacques Lemans GmbH when we receive this.

 Section 4: Right of Revocation and Instructions

You can revoke your contractual acceptance within 14 days in text form (e.g. letter, fax, e-mail) without stating the reasons, or – if the goods were delivered to you before the expiry of this fixed period – also by returning the goods. The fixed period shall begin when these instructions have been received in text form, however not before the goods have been received by the recipient. Sending the revocation or the item in good time shall be sufficient to observe the revocation period.

In the event of effective revocation, the purchase price shall be refunded only against the return of the goods. For this the goods must be in unused and thus resalable condition.

In the case of goods that have been adversely affected by traces of use or damaged, Jacques Lemans GmbH shall charge an appropriate compensation for the reduction in value. The Customer shall only have to pay compensation for the value if the use or deterioration is ascribable to the goods having been handled in a way that goes beyond inspecting its properties and functionality. “Inspecting its properties and functionality” means testing and trying out the goods concerned in such a way as for example is possible and usual in a shop.

Goods that can be shipped as parcels must be returned by the Customer at our risk. Goods that cannot be shipped as parcels shall be collected from the Customer. You shall have to bear the regular costs of returning the goods if the goods delivered correspond to those ordered and the price of the item being returned does not exceed the amount of € 40, or if the price of the item is higher than this and at the time of revocation you have not yet paid the consideration or a contractually agreed partial payment. Otherwise the return shipment shall be free of charge to you. Obligations to refund payments must be fulfilled within 14 days. This period shall commence for the Customer when the declaration of revocation is sent or the goods are returned and for Jacques Lemans GmbH when we receive these. The revocation and the returned goods should be sent to:

JACQUES LEMANS GmbH
Onlineshop Retourware
Jacques-Lemans-Straße 1
9300 St. Veit an der Glan
Austria

 Section 5: Guarantee

1) A guarantee of two years generally applies to the products (goods) acquired via the online shop (//jacques-lemans.com/shop).

2) Jacques Lemans manufactures its watches under the highest production standards and only with selected materials. Every watch undergoes a strict quality assurance process before being delivered. You will receive a two-year guarantee for every Jacques Lemans watch covering all product or manufacturing faults. If despite the strictest quality controls a fault should occur that is caused by a defect or a faulty component, this guarantee entitles you within two years of the purchase date to a free repair or at the manufacturer’s decision replacement by the same or a similar model. This guarantee excludes wear and tear caused by use, the watch glass, the strap and the battery. Damage that is ascribable to careless handling, intention, extreme heat or cold, strong magnetism or above normal atmospheric conditions is not covered by this guarantee. The watch is guaranteed to be waterproof for a period of two years from the date of purchase provided that the watch glass, sealing ring, casing cover and winding button are undamaged. This guarantee shall automatically lapse if the watch has been opened, repaired or otherwise manipulated by unauthorised persons. To find your nearest Jacques Lemans specialist retailer please contact our Service Department or visit our website at www.jacques-lemans.com/customerservice. If there is no official Jacques Lemans specialist retailer in close proximity to you, our Service Department will be pleased to help.

3) Jacques Lemans and its distribution partners must under all circumstances be held harmless for direct or indirect damage to persons, property or secondary damage of any form. The level of the amount from this guarantee is limited to the purchase value.

4)  The costs of receiving the performance under guarantee (returning and sending out items) shall be borne by the Customer. The Customer can send the faulty goods for repair to JACQUES LEMANS labelled as follows:

JACQUES LEMANS GmbH
Garantie – Reparatur
Jacques-Lemans-Straße 1
9300 St. Veit an der Glan
Austria

The costs of any repair undertaken locally by an external jeweller must be borne by the Customer himself/herself.

Section 6: Language

The content of the Agreement, all other information, customer service and complaints handling shall be offered in German and English throughout.

 Section 7: Prices

1)  The purchase price agreed for the goods ordered shall strictly be that at which the item is priced in the Internet shop at the time of ordering.

2) Orders from the Internet shop shall be invoiced in euros (€). A minimum order value of € 39.00 applies.

3) Unless stated otherwise, the prices stated include statutory VAT and exclude all the chargeable costs associated with shipment.

4) If export or import duties should become due during the course of dispatch, these shall also be at the Customer’s expense. The prices for the services and supplies offered do not include costs charged by third parties.

5)  The Customer can choose to pay by advance payment, PayPal, credit card (VISA/MasterCard) or immediate payment transfer (not available in all countries). If the Customer has chosen advance payment, the goods ordered shall not be sent to the Customer until we have received payment.

 Section 8: Delivery

1)  Unless we have clearly stated otherwise in the product description, all the goods we offer are available for dispatch immediately.

2) For order values of € 60.00 and above, goods are delivered to the Customer free of charge, otherwise the Customer is charged delivery costs in the amount of € 6.00.

3)   Delivery shall take place to the address provided by the Customer. If the details provided by the Customer are incomplete, incorrect or unclear, the Customer shall bear the costs arising from this.

 Section 9: Retention of Title

We expressly reserve the right to retain ownership of the goods until the purchase price has been paid in full.

 Section 10: Warranty

The warranty for faulty items takes place in accordance with the respective statutory provisions in force. If in the event of a claim under warranty an exchange or improvement of the goods does not come into consideration, the Customer shall be entitled to a price reduction, and in the event of gross and not minor faults the Customer shall be entitled to annulment of the Agreement (rescission).

Section 11: Liability

1) All claims for compensation shall be excluded in the event of minor negligence. However, this exclusion shall not apply in the event of death, injury to body or health.

2) Personal liability by the legal representatives, employees and vicarious agents of Jacques Lemans GmbH is excluded.

 Section 12: Place of Jurisdiction and Applicable Law

1)   This Agreement shall be governed by Austrian material law with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The choice of law shall exclude the obligatory consumer protection regulations of the country in which the Customer has his/her normal place of residence. It is agreed that the place of jurisdiction shall be the court in Austria with competence for the matter and the location.

 Section 13: Miscellaneous

1) The text of the Agreement shall be stored, and the order details shall immediately be sent to the Customer by e-mail. After this, for security reasons the Customer’s order details can no longer be accessed or viewed via the Internet.

2) The General Terms and Conditions of Business can be inspected any time at <http://jacques-lemans.com/en/terms/>.

3) If one or more of the above provisions should be ineffective, the General Terms and Conditions of Business shall otherwise remain effective. The ineffective provision shall be deemed to be replaced by an effective provision which comes the closest to the economic purpose of the ineffective provision.

4)  We reserve the right to errors, changes to prices and products respectively, and discrepancies of colour caused by images or computer screens.

5)   These General Terms and Conditions of Business are valid from 15 April 2013.

Online Dispute Resolution
The European Commission offers an online dispute resolution platform (OS) which can bei found under http://ec.europa.eu/consumers/odr/. Costumers have the possibility to use this platform for resolving any disputes.