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
Phone: +43 (0) 4212 5444-0
Fax: +43 (0) 4212 5444-20
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:
- Selecting the desired goods
- Confirming this by clicking on the “Add to basket” button
- Checking the details in the shopping basket
- Pressing the button “Go to checkout”
- Logging in to the Internet shop after registering and entering the user’s details (e-mail address and password)
- Checking the details entered once again or as necessary correcting the details that have been entered
- 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 Revocation for Consumers
Consumers are entitled to the right of revocation according to the following conditions, whereby the consumer is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity.
Right of Revocation
You have the right to cancel this contract within fourteen days without citing any reasons.
The revocation period shall be fourteen days from the day you or a third party designated by you other than the carrier acquire the material possession of each of the goods ordered.
In order to exercise your right of revocation you must notify us (Jacques Lemans GmbH, Jacques-Lemans-Str. 1, 9300 St.Veit an der Glan, Austria, Tel.: +43 (0) 4212 54 44 20, mail: firstname.lastname@example.org) of your decision to revoke from this contract, such notice to be made by way of an unequivocal declaration (e.g.: by a registered letter sent by post, fax or mail). For such purpose you may use the enclosed sample revocation form which is, however, not mandatory.
The revocation period shall be deemed complied with if you dispatch the notice on the exercise of the right of evocation before expiration of the revocation period.
Consequences of Revocation
Should you revoke this contract, we shall repay to you all payments which we have received from you, including the cost of delivery (with the exception of additional costs resulting from your election of any other kind of delivery than the least expensive standard delivery offered by us), such repayment to be made without delay and no later than fourteen days from the date on which we received the notice on the revocation of the contract. For such repayment we shall use the same means of payment which you used for the original transaction, unless agreed to the contrary between us; you shall not be charged with any fees whatsoever in respect of such repayment. We may reject payment until we receive back the goods or until you provide evidence that you sent back the goods, whichever is earlier.
You shall return to us the goods, whether by way of shipment or delivery in person, without any delay and in no event any later than fourteen days from the date on which you notified us on the revocation of the contract. Such aforesaid evocation period shall be deemed complied with if you dispatch the goods before expiration of the fourteen-days-period. According to § 15 FAGG you as consumer shall bear the direct cost of return shipment of the goods.
You shall be responsible for a loss in value of the goods only if such loss in value is due to your handling of the goods in a manner which is not necessary for the examination of the quality, characteristics and functionality of the goods.
End of Revocation Instructions
Exclusion or Premature Expiration of the Right of Revocation
The right of revocation does, among others, not exist in respect of contracts
- on the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or designation by the costumer is relevant or which are clearly customized to the personal needs of the consumer
- on the delivery of goods that can perish quickly or whose sell-by date would be quickly exceeded
- on the delivery of alcoholic beverages, whose price was agreed when signing the contract, but which can be delivered earliest 30days after signing the contract and whose price is subject to fluctuations of the market over which the seller has no influence
- on the delivery of newspapers, journals and magazines with the exception of subscription contracts
The right of evocation prematurely expires in respect of contracts
- on the delivery of sealed goods which, for reasons of health protection or hygiene , are not suitable for return if their sealing has been removed after delivery
- on the delivery of goods if these were mixed inseparably with other goods after delivery by virtue of their nature
- on the delivery of audio or video recordings if the seal of the recording media has been broken by the customer
Section 4: 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
9300 St. Veit an der Glan
The costs of any repair undertaken locally by an external jeweller must be borne by the Customer himself/herself.
Section 5: Language
The content of the Agreement, all other information, customer service and complaints handling shall be offered in German and English throughout.
Section 6: 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 7: 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 8: Retention of Title
We expressly reserve the right to retain ownership of the goods until the purchase price has been paid in full.
Section 9: 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 10: 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 11: 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.
2) It shall be pointed out clearly, that in case of conflicts involving consumers Jacques Lemans GesmbH, according to the alternative dispute resolution law, does not submit to the alternative dispute resolution. All disputes, with regard to contracts, which are concluded with consumers via the online shop jacques-lemans.com/shop are subject to the express consent of the ordinary courts.
Section 12: 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 March 2017.