General terms and conditions of business
§ 1 Scope, definitions
a. Horando.de is a service of Horando Deutschland GmbH, represented by the managing directors Mr. Christopher Fischer and Mr. Stefan Sebök, Osterstrasse 3, 30159 Hannover, Germany (hereinafter "Horando").
b. These terms and conditions apply to the purchase and brokerage of the goods offered on www.horando.de (hereinafter referred to as the website).
c. Consumers are persons within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who conclude the respective legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In other cases, the customers are entrepreneurs according to Section 14 of the German Civil Code (BGB).
§ 2 Contracting parties
Your contractual partner for all orders is Horando Deutschland GmbH, represented by the managing directors Christopher Fischer and Stefan Sebök, Osterstrasse 3, 30159 Hannover (hereinafter "Horando")
§ 3 Order / Mediation / Conclusion of Contract
I. Ordering in the webshop
You order from Horando as follows:
- Add item to cart
- Enter billing / delivery address
- Check entries (billing / delivery address, product, price, quantity)
- Enter payment details
- Complete your order by clicking on “Order with payment”.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. By clicking the "order with payment" button, you place a binding order for the goods in the shopping cart. Confirmation of receipt of the order will follow immediately after the order has been sent and does not constitute acceptance of the contract.
After submitting your order, you will receive an email confirming receipt of your order and listing its details (confirmation of receipt). This does not constitute a purchase contract. It only confirms that we have received your order.
You will receive all customer information from us, which you should print out for your records, at the latest by the time the goods are delivered.
The purchase contract is only concluded when the goods are dispatched or a separate email "order confirmation". Contracts on our website are only concluded in German.
II. Mediation
You ask Horando about precious metals, watches or other objects that are not currently in the shop. This works as follows:
- Fill out the contact form and request the desired product
- You will then receive a confirmation of receipt
- After reviewing your request, you will receive an offer from us
- You accept the offer or reject the offer.
If you accept the offer, you will receive an "order confirmation". Please note that the binding purchase contract is only concluded through this separate email "order confirmation". Contracts on our website are only concluded in German.
§ 4 Storage of the contract text
Your order will be saved at Horando.de . Please print out the confirmation of receipt for your records after completing the order process. You will receive the order details in the order confirmation by email, but for security reasons they can no longer be accessed via the Internet on our website.
§ 5 Delivery
Orders and deliveries are only possible to delivery addresses in the European Union (EU). If you would like a delivery to another country, we will be happy to personally assist you to clarify your request: service@horando.de.
Please note that additional customs duties, taxes and fees apply for deliveries to non-EU countries.
Start and calculation of the delivery period:
The delivery period begins after order confirmation, or in the case of advance payment, when the buyer issues the payment instruction. The information refers to working days.
§ 6 Price information and time-limited offers
a.) All prices quoted are end consumer prices and include VAT and shipping within the European Union. The price at the time of the order applies.
b.) Please note that offers at Hornado.de may be time-limited due to strict limitations imposed by the manufacturer. This will be specifically indicated in the respective product description.
c.) If the ordered item is not available because our suppliers do not supply us with this product despite their contractual obligation through no fault of our own, we are entitled to withdraw from the contract. In this case, we will inform you immediately that the ordered goods are no longer available and, if applicable, will immediately refund any consideration already provided. If, in exceptional circumstances, the ordered item cannot be delivered within the specified delivery time because our suppliers cannot deliver the product on time, you can withdraw from the contract. In this case, too, we will immediately refund any consideration already provided.
d.) Customers outside the EU must note that customs duties may be payable upon delivery, which will be added to the final price of your order.
§ 7 Payment
- Payment can be made either in advance / bank transfer, credit card (Visa, Mastercard, American Express), PayPal, Paydirekt, Sofortüberweisung or installment purchase via Easy Credit.
- If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
- If you pay by credit card, your account will be debited when your order is completed.
§ 8 Liability
- The following exclusions of liability and limitations apply to Horando’s liability for damages, without prejudice to the other statutory requirements for claims.
- Horando is liable without limitation if the cause of the damage is based on intent or gross negligence.
- Furthermore, Horando is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, however, Horando is only liable for the foreseeable, contract-typical damage. Horando is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
- The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
- To the extent that Horando’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 9 Warranty and Guarantees
- The statutory provisions apply. The limitation period for statutory claims for defects is 1 year.
- If special guarantees apply to products, your statutory claims for defects remain unaffected. The contact person for the respective guarantee is named in the guarantee terms and conditions that accompany the ordered product. If you do not have these terms and conditions to hand or if the article is not a technical one, please contact our customer service.
- If delivered items show obvious material or manufacturing defects or transport damage, please report such defects immediately to us or to the carrier who delivered the items. The customer is not obliged to do so and it is not a prerequisite for asserting your claims. However, we cannot otherwise assert any claims against the carrier. Compliance with the above regulation does not affect your legal claims if you have ordered for private purposes as a consumer.
§ 10 Retention of Title
The delivered goods remain the property of Horando until full payment has been made.
§ 11 Applicable law; place of jurisdiction; contract language
- The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us - and when ordering Horando partner articles also with Horando partners. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, do not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with a consumer), this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
- In business dealings with merchants and legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under them, including bills of exchange and check claims, is the registered office of Horando (Bamberg). In this case, we are also entitled to sue at the customer's registered office.
- The contract language is German.
§ 12 Partner network and immediate availability
Horando works with a partner network of various jewelers and contractual partners. Immediate availability does not imply that these watches are physically in stock in the showroom in Bamberg.
§ 13 Supplementary Terms and Conditions for Installment Purchase from EasyCredit
- Scope and general terms of use
The following supplementary general terms and conditions (hereinafter referred to as T&Cs) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (hereinafter referred to as installment purchase) is used. In the event of a conflict, the supplementary T&Cs take precedence over any contrary general terms and conditions of the dealer. Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and who are at least 18 years old. - installment purchase
For your purchase, the dealer, with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG), offers you the installment purchase as an additional payment option. The dealer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the order process. If the use of the installment purchase is not possible due to insufficient creditworthiness or the dealer's sales limit being reached, the dealer reserves the right to offer you an alternative billing option. The contract for an installment purchase is concluded between you and the dealer. With the installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment. The claims arising from the use of the installment purchase are assigned by the dealer to TeamBank AG as part of an ongoing factoring contract. Payments can only be made to TeamBank AG to have a debt-discharging effect. - installment payment via SEPA direct debit
By issuing the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification). The collection will take place on the date specified in the advance notification at the earliest. A later, more timely collection can take place. If the purchase price is reduced between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount stated in the pre-notification. installment purchase by easyCredit - public - Page 2 of 2 You must ensure that your current account has sufficient funds at the time of the due date. Your bank is not obliged to honour the direct debit if there are insufficient funds in the current account.If a direct debit is returned due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the current account being closed, you will be in default even without a separate reminder, unless the direct debit is the result of a circumstance for which you are not responsible.The fees charged by your bank to TeamBank AG in the event of a direct debit return will be passed on to you and must be paid by you.If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder.Due to the high costs associated with a direct debit return, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the merchant by transferring the corresponding amount back or by issuing a credit note.