Black Forest Cuckoo Clocks
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General Terms and Conditions


Black Forest Cuckoo Clocks / August Schwer e.K. Company Policies & Terms of Use
Welcome to Black Forest Cuckoo Clocks Online. Please review the following basic terms that define your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

1. Area of Application
The General Terms and Conditions are applicable for all deliveries from the August Schwer e.K. Black Forest Clock Factory (hereafter August Schwer) to consumers (§ 13 BGB).

2. Contractual Partner
The contract of sale is concluded with: August Schwer e.K., Owner: Andreas Winter, Hauptstr. 28, 78141 Schoenwald, Germany. Commercial Register: Amtsgericht Freiburg HRA 601650. You can reach our Customerservice for inquiries, customer complaints, and claims on business days between 8am and 6pm by phone: 0049 7722 8689020 or any time by email info@black-forest-cuckooclocks.com.

3. Product Offers and Contract of Sale
3.1 The presentation of products in our Online-Store does not constitute a legally binding offer, but only represents an invitation to order the product. All offered products are valid “while stocks last”, if not specified otherwise. Errors excepted.

3.2 By clicking the button “Send order” you submit a binding order of the items listed in your order overview. The contract of sale becomes valid as soon as we confirm your order by email: you will receive an order confirmation immediately after we receive your order.

4. Return Policy and Warranty
4.1 Consumers have a right of withdrawal within two weeks after receipt of the item

Right of Withdrawal
You have the right to withdraw from the contract of sale within two weeks after receipt of the merchandize, either in written form (by letter, fax, or email), or by returning the merchandise. The time period begins with this instruction, but not before the recipient has received the merchandise and not before the completion of our information obligations according to § 312c Abs. 2 BGB in connection to § 1 Abs. 1, 2 and 4 BGB-InfoV and our obligations according to § 312e Abs. 1 Satz 1 BGB in connection to § 3 BGB-InfoV.
In order to observe the return time period, it is sufficient to send the written withdrawal within the time period, or to send the item within the time period.
Please send the withdrawal or merchandise to:

Fa. August Schwer e.K.
Hauptstr. 28
78141 Schönwald
Fax: 07722/86890210
email: info@black-forest-cuckooclocks.com

Consequences of Withdrawal
In case of an effective withdrawal, both parties have to return all goods, services, and benefits received. Should it be impossible to return the merchandise or services received completely or only in a degraded condition, you will have to compensate us for the loss of value in the respective merchandise or service. This is not applicable if the deterioration of the merchandise is only due to an inspection of the merchandise – which would have been similarly possible in a regular retail store. Furthermore you can avoid the liability to compensate the loss of value, by refraining from using the merchandise as if it were in your possession, and by avoiding any action that might diminish the value of the merchandise.
The return shipping costs for international orders and shipments have to be covered by the recipient.

4.2 The right of withdrawal is not applicable for deliveries of merchandise specifically produced according to the customer specifications defined in the order (e.g. engraved bridal cups)


5. Prices, Shipping Costs and Customs Tariffs.
5.1 The prices listed on the product pages are inclusive of VAT and all constituent parts of the product. If you chose a delivery destination outside the European Union, prices will be listed exclusive of VAT.

5.2 In addition to the listed prices we will charge shipping costs for the product. Deliveries in Germany have a fixed shipping coverage. All orders shipped within Germany are subject to a shipping cost charge of EUR 5,50 per order. Exempt are very small items, which can be sent via letter or large letter, the shipping costs for these items will be listed during your order process.
The shipping costs for international deliveries and express shipments are calculated according to the actual weight of the parcel. These will be calculated according to your actual shopping cart and listed during the order process.

5.3 The customs form for international shipments outside the European Union will contain the value of the merchandise enclosed in the parcel. We are legally bound to list this information in the customs forms. Customs stations are furthermore entitled to open parcels at will to check on the contents of the parcel. We have no influence on that. If your order is a bone fide gift, we will mark the parcel as a gift in the customs form; prices will nevertheless have to be listed in the customs form. These are legally binding procedures which we have to abide.
Customs and import tariffs might apply as soon as the parcel reaches the destination country. Any customs and import fees have to be covered by the recipient of the parcel. We have no influence on these tariffs and cannot make any statements as to the actual fees charged. Customs regulations vary significantly in each country. If you need further information, please contact your local customs office for any detailed inquiries.


6. Delivery
The delivery will be carried out by the shipping company chose in your shopping cart and its partner companies in the respective destination country.


7. Payment
7.1 Payment by international buyers can be made by credit card. For European Union customers, we also accept payment in advance by bank transfer (IBAN / BIC).

7.2 If you are ordering from within the European Union and wish to pay by IBAN / BIC bank transfer, you will receive the bank account number and IBAN / BIC information with the order confirmation. The merchandise will be shipped as soon as the funds are cleared in our bank account.

7.3 If you wish to pay by credit card, the amount due will be charged to your credit card as soon as you receive the order confirmation. The merchandise will be shipped immediately if it is in stock. You will be notified about any delays.

7.4 The primary currency of our Online-Shop is EUR. All items are offered in EUR. Conversion into US $ takes place on the basis of the official daily exchange rate. Payment can be made in US $ and in EUR.


8. Reservation of Property Rights
All merchandise remains the property of August Schwer until full payment has been made.


9. Warranty
The warranty for our products is in accordance with German legal regulations. For any defects arising within the legal warranty period of two years starting from the delivery date, you are entitled to a supplementary performance. We will remove the defect and if this is not feasible, you will get a replacement. Return shipping costs from international destinations will have to be covered by the buyer / owner of the merchandise.



Further Information:

Ordering from Black Forest Cuckoo Clocks Online:
Once you have found the desired product, you can place it without obligation in your shopping cart by clicking the button ‘add to cart’. The content of your shopping cart can be checked without obligation at any time by clicking the button ‘shopping cart’. The product in your shopping cart can be removed at any time from the cart by setting the quantity to 0 and clicking the button ‘update’. If you wish to buy the products in your shopping cart, click the button ‘secure order’. In the next step, you can enter your personal data. Necessary data fields are marked with a * throughout the order process. You do not need to register with us to place an order. Your information will be transferred via a secure connection. After entering your data, please check them again for possible mistakes. By clicking the button ‘send order’, you will conclude the order.
If you are paying by credit card, you will be asked to enter your credit card details in a further window, which opens up after concluding your order. This process can be aborted any time by closing the browser window. On the individual pages you will find further information, for example instructions on corrections or likewise.


Data Protection
We will only use your personal data to process and complete your order. Your address details will only be given to the chosen shipping company to send and deliver the merchandise as precisely as possible. In order to process your payment, your credit card data will be processed directly by the respective card company, Mastercard, Visa, or American Express. We do not store any credit card data. For Mastercard and Visa payments we use the security system MasterSecureCode directly by Mastercard, to guarantee the best possible data safety.
No personal data will be passed on to any third party. After your order has been completed, your personal information will be blocked for further use and deleted as soon as the legally required time period has ended.

 

@ 2008-2010 August Schwer e.K.