Terms and Conditions
This English version is a convenience translation. Only the German version of these General Terms and Conditions (AGB) is legally binding.
By accessing and using this website, you agree to these General Terms and Conditions.
§ 1 Scope of application, customer information
(1) The following general terms and conditions (AGB) govern the contractual relationship between Fino Watches / Lukas Bock, Ludwig-Erhard-Str. 18, c/o IP-Management #4033, 20459 Hamburg, Germany, and the consumers and businesses who purchase our goods on sales platforms such as Chrono24 and Kleinanzeigen. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or of third parties do not apply, even if we do not separately object to their application in an individual case. Even if we refer to a letter that contains or refers to terms and conditions of the customer or a third party, this does not constitute consent to the application of those terms and conditions.
(3) The contract language is German.
(4) By using our website, you agree to the application of these General Terms and Conditions.
§ 2 Conclusion of contract
(1) The offers on the sales platforms on the internet constitute a non-binding invitation to you to order goods.
(2) You can place one or more products in the shopping cart. During the ordering process you enter your details and preferences regarding payment method, delivery arrangements, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract.
(3) We are entitled to accept your offer within 2 working days by sending an order confirmation by email. If the period stated in sentence 1 expires without acceptance, your offer is deemed rejected, i.e. you are no longer bound by your offer.
§ 3 Customer information: no storage of the contract text
Your order with the details of the concluded contract (e.g. type of product, price, etc.) is not stored by us. We will send you the terms and conditions by email.
§ 4 Prices; payment
Delivery of the goods takes place against bank transfer or cash payment. The payment method is chosen in consultation with Lukas Bock. In addition, another payment method (advance payment, PayPal, etc.) can be agreed upon consultation. Payment is generally only deemed to have been made once the amount due has been irrevocably credited to the account of Lukas Bock.
If the customer is in default of payment, Lukas Bock is entitled to charge interest of up to 3 percentage points above the applicable discount rate of the Deutsche Bundesbank or the key interest rate of the European Central Bank. The assertion of further damages caused by default remains expressly reserved.
All prices published verbally or in writing are non-binding. Errors and short-term price changes remain reserved at all times. All prices are quoted in euros as stated.
All prices stated on the sales platforms include the applicable statutory value-added tax.
Our goods are subject to the margin scheme (Differenzbesteuerung). The VAT included in the purchase price is not shown separately on the invoice.
§ 5 Retention of title
The purchased item remains our property until it has been paid for in full.
§ 6 Delivery
Delivery takes place within the delivery time stated for the respective item to the delivery address provided by the buyer.
In the event of delivery delays due to force majeure or operational disruptions, the delivery period is extended by the duration of the disruption, but by a maximum of three weeks.
If performance of the contract becomes unreasonable for one of the contracting parties due to the duration of the delay, that party may withdraw from the contract to that extent. Further claims of the contracting partner are excluded.
Force majeure also includes official interventions, strikes, energy or raw material shortages, lockouts, accidents, operational disruptions or other events that substantially impede or prevent delivery.
§ 7 Rights in respect of defects (warranty)
(1) Statutory rights in respect of defects apply to our goods.
(2) The goods are free of material defects if they have the agreed quality at the time of transfer of risk (handover). The quality results from the respective item description and the corresponding product images. In the case of used goods, signs of use and wear form part of the agreed quality.
(3) A material defect exists in particular if the functionality of the watch movement is affected.
(4) Shortening of the limitation period for used goods vis-à-vis consumers: Upon conclusion of the purchase contract it is agreed that the limitation period for claims for defects in used goods is shortened to one year. Excluded from this agreement are claims for damages, claims for defects that we have fraudulently concealed, and claims arising from a guarantee that we may have assumed for the quality of the item. The statutory periods apply to these excluded claims. If a guarantee period exists, the longer period applies in favour of the guarantee holder.
(5) Limitation of warranty rights vis-à-vis businesses: Your warranty claims for defects in the purchased item become time-barred one year after transfer of risk.
(6) Warranty for the water resistance of the watches is excluded. According to DIN 8310, water resistance is not a permanent property. It should be checked annually and before particular stresses, as the built-in sealing elements deteriorate in function and through daily use. Influences such as strong temperature fluctuations, chlorine, soap or salt water have a negative effect on water resistance. Please avoid a common mistake: never operate the crown or the chronograph of the wristwatch under water – no matter how high the stated water resistance.
(7) The following claims are excluded from the above provisions in § 7 (5) and (6):
- claims for damages
- claims for fraudulently concealed defects
- claims arising from any guarantee given
- claims for recourse pursuant to §§ 445a, 478 of the German Civil Code (BGB)
- claims for defects in building materials and components that have been used for a building in accordance with their customary use and have caused its defectiveness
The statutory limitation periods apply to these excluded claims. In the case of any guarantee period, the longer period applies in favour of the buyer.
(8) When asserting warranty rights, the customer must prove that the defect already existed at the time of transfer of risk and did not arise through wear or improper handling after transfer of risk. If the customer is a consumer and a defect becomes apparent within one year of transfer of risk, it is presumed that the item was already defective at the time of transfer of risk, unless this presumption is incompatible with the nature of the goods or of the defective condition.
(9) If the delivered goods are defective, the customer has the statutory rights in respect of defects. For used goods, no rights in respect of defects exist if the customer was informed of existing defects before ordering and accepted them. The limitation period for asserting rights in respect of defects is two years for new goods. For used goods, the limitation period is one year, provided the customer was informed of the shorter limitation period before ordering and agreed to it.
§ 8 Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided these do not concern essential contractual obligations, damages arising from injury to life, body or health, guarantees or claims under the German Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to transfer ownership of it to you. Furthermore, we must provide you with the item free of material defects and defects of title.
§ 9 Final provisions
(1) Amendments or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written-form requirement.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
(4) Insofar as the contract or these General Terms and Conditions contain gaps, those legally effective provisions shall be deemed agreed to fill these gaps which the contracting parties would have agreed upon in line with the economic objectives of the contract and the purpose of these General Terms and Conditions had they been aware of the gap.
§ 10 Consumer information: non-participation in dispute resolution proceedings
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Severability clause
Should one or more provisions of these general terms and conditions become invalid, all other provisions shall nevertheless remain valid.