§ 1 General , Scope of the General Terms and Conditions

1.1 All deliveries and services are exclusively based on the following General Terms and Conditions (hereinafter referred to as “GTCs”) in the version valid at the time of the order. The contractual partner is Sinn Spezialuhren GmbH (hereinafter referred to as “Seller” or “we”). Customers within the meaning of these GTCs can be both consumers and traders (hereinafter referred to as “Customer”). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributed to their commercial or independent professional activity. Traders within the meaning of these GTCs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the contract with the Seller.

1.2 If the Customer is a trader, our GTCs apply exclusively. In this case, we will not accept any deviating general terms and conditions of the contractual partner unless we have agreed to their validity in writing. Our GTCs also apply if we unconditionally carry out the delivery to the contractual partner despite being aware of conflicting general terms and conditions of the contractual partner. Our GTCs also apply to all future business relationships with traders, even if they are not expressly mentioned again in agreements.

§ 2 Conclusion of contract, Formation of the Contract

2.1 You can place orders with us using the order form enclosed in the catalogue, by fax or letter, in our online shop, by email or by telephone. We would also be happy to welcome you to our sales rooms during the specified business hours.  Our offers and article presentations do not constitute a binding offer. Only your order is binding under Section 145 of the German Civil Code (BGB), which we can accept. After you have sent the order, we will first send you confirmation of receipt of the order via email. Upon acceptance of your order by us, you will receive an order confirmation via email within 3 working days of receipt of your order; this gives rise to the contract. If you choose PayPal or credit card as your payment method and pay using the payment method selectable in the online order process, we hereby declare that we will accept your offer at the time you click the button that completes the order process.

2.2 When ordering in our online shop, you can view products in more detail by clicking on the product image and add them to your shopping cart by clicking the TO CARD link. You can view the contents of your shopping cart at any time by clicking the shopping cart icon. You can remove products from your shopping basket by clicking the REMOVE links. If you want to buy the products in the shopping cart, click the CHECKOUT button in the shopping cart. During the next stage of the order process, you can decide whether you want to order using an existing customer account, create a customer account, or order as a guest. Enter your order and delivery details and select the desired payment method. In the final step, you will receive an overview of your order data and can check all information and change it if necessary. You can also correct any errors by navigating backwards in the browser or cancelling the order process and starting over. To complete the purchase, click on the ORDER NOW button. This will send the order to us.

2.3 If you would like to commission us to overhaul, repair, retrofit or recondition your Sinn watch, you can drop it off in person to our customer services office in Frankfurt. If you would like to send us your Sinn watch, please fill out our order form and print it out. Send us the signed order form along with your Sinn watch. Once we receive your Sinn watch, we will send you confirmation of receipt. After reviewing the service request, we will send you a cost estimate. You can confirm or reject this by email, fax, letter or telephone. The service contract becomes binding upon receipt of your cost approval by us. You will receive an order confirmation in this regard. After the statutory withdrawal period has expired, the watch will be assigned to our workshop, and the service will begin. However, you can also state in the order form that we should start the service before the expiry of the statutory withdrawal period.

§ 3 Storage of the Contract Text

We will save your order and the order data you have entered. We will email you an order receipt confirmation and then an order confirmation with all order details. You also have the option of printing out both the order and the GTCs before sending the order to us. If you have created a customer account with us, you can view your orders here at any time.

§ 4 Right of Withdrawal for Consumers for the Purchase of Goods (Watches, Accessories, etc.)

The following right of withdrawal only applies to consumers in relation to the distance selling of goods:

Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without providing a reason.
The withdrawal period is fourteen days from the day on which you or a third party other than the carrier designated by you has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Sinn Spezialuhren GmbH, Wilhelm-Fay-Straße 21, 65936 Frankfurt am Main, telephone: +49 (0)69 978414-0, email: info@sinn.de) of your decision to withdraw from this contract by means of a clear statement (e.g. email or a letter sent by post). You may use the attached template withdrawal form, although this is optional.

When notification stating that you wish to exercise your right of withdrawal is sent within the withdrawal period, this is sufficient to meet the cancellation deadline.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive your notification of withdrawal from this contract. We will use the same means of payment for reimbursement that you used in the original transaction, unless otherwise expressly agreed upon with you. In no case will you incur any fees as a result of such reimbursement. We may withhold reimbursement until the goods have been returned to us or until you have supplied evidence of having sent back the goods, whichever comes first.

You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the date on which you notify us that you have withdrawn from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from any handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

§ 5 Right of Withdrawal for Consumers for Services (Overhaul, Repair, Retrofitting or Reconditioning, etc.)

The following right of withdrawal is only applicable to consumers in relation to the distance selling of goods when ordering services:

Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without providing a reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Sinn Spezialuhren GmbH, Wilhelm-Fay-Straße 21, 65936 Frankfurt am Main, telephone: +49 (0)69 978414-0, email: info@sinn.de) of your decision to withdraw from this contract by means of a clear statement (e.g. email or a letter sent by post). You may use the attached template withdrawal form, although this is optional.

When notification stating that you wish to exercise your right of withdrawal is sent within the withdrawal period, this is sufficient to meet the cancellation deadline.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive your notification of withdrawal from this contract. We will use the same means of payment for reimbursement that you used in the original transaction, unless otherwise expressly agreed upon with you. In no case will you incur any fees as a result of such reimbursement.

If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to that proportion of the services already provided up to the point at which you notify us of the exercise of your right of withdrawal with respect to this contract, in relation to the total amount of the services covered by the contract.

The right of withdrawal expires in the case of a contract for the provision of services if we have performed the service in full and only started to perform the service after you had given your express consent and, at the same time, confirmed that you are aware that you lose your right of withdrawal upon complete fulfilment of the contract by us.

§ 6 Template Withdrawal Form for Consumers

(If you would like to withdraw from the contract, please complete this form and send it back.)

To
Sinn Spezialuhren GmbH
Wilhelm-Fay-Straße 21
65936 Frankfurt am Main
Germany

E-mail: info@sinn.de:

/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if submitted on paper)
Date

(*) Delete as appropriate.

§ 7 Prices and Shipping Costs

7.1 All prices include statutory VAT; shipping costs are not included. Shipping is via a provider of our choice.

7.2 We reserve the right to adjust prices and amend any pricing errors in our printed catalogue.

7.3 For deliveries outside the EU additional customs duties and fees are payable. You can find further information on this on our website under customer information. For deliveries to traders with a VAT ID and deliveries outside the EU we do not charge any VAT.

§ 8 Delivery Terms and Conditions

8.1 We deliver worldwide, except for Australia, Belarus, Canada, Cyprus, Czech Republic, Hong Kong, India, Indonesia, Iran, Iraq, Japan, Democratic People's Republic of Korea, Republic of Korea, Malaysia, Nepal, New Zealand, Russia, Switzerland, Singapore, Somalia, Syria, Taiwan, Thailand, USA.

8.2 For traders, delivery is agreed “ex warehouse” unless stated otherwise in the order confirmation. Shipping is always at the customer’s risk, even if delivery is from a location other than the place of fulfilment, even if the delivery is freight-free and/or delivery is by the customer’s own people or vehicles.

§ 9 Payment Terms and Conditions

9.1 Payment can be made in advance by prepayment, by PayPal, by credit card (we accept Visa and Master Card) – or on account for services in accordance with clause 2.3 of these GTCs. We reserve the right to exclude individual payment methods. International deliveries are always made against prepayment.

9.2 We inform you about the individual payment methods as follows:

9.2.1 If you choose prepayment, we will provide you with our bank details in the order confirmation.

9.2.2 When paying via PayPal, you will be redirected from the order process to the payment pages and make the payment immediately.

9.2.3.1 Payment by credit card in the Sinn online shop is processed via the external payment service providers Commerzbank AG, Kaiserplatz, 60311 Frankfurt am Main and PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main. You will be redirected directly from the ordering process to the payment pages where you can make the payment. For more information on data protection and other legal notices, please refer to the following links:
Commerzbank AG: https://www.commerzbank.de/portal/de/footer1/recht/rechtliche_hinweise.html
PAYONE GmbH: https://a.storyblok.com/f/64176/x/e0a00cec36/payone-information-zu-datenverarbeitung-gemass-art-14-dsgvo-0220.pdf

9.2.3.2 Payment by credit card on site at our branches is processed via the external payment service provider Unzer POS GmbH, Gotenstraße 10, 20097 Hamburg. For more information on data protection and other legal notices, please visit:
https://www.unzer.com/de/datenschutz/

9.2.4 If you pay in person in our sales room, we accept cash payments and payments by debit card or credit card (AmEx, Visa, Master Card), but not cheque payments.

9.3 If you have ordered one of our services in accordance with clause 2.3 of these GTCs, the invoice will be included in your parcel when it is returned or collected. The invoice amount must be transferred to us within 10 days. However, we only offer payment by invoice if the delivery is to a German address.

9.4 For consumers, we retain ownership of the purchased item until full payment of the invoice amount. If you are a trader exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

9.5 If you are a consumer, the purchase price will be subject to interest at a rate of 5% above the base interest rate during the period of default. If you are in default of payment, we are entitled to charge reminder fees of EUR 10.00 per reminder and – if applicable – legal enforcement costs. If you are not a consumer, the interest rate during the period of default is 9% above the base interest rate. In addition, we are entitled to claim lump-sum compensation of EUR 40 in the event of default by traders. We reserve the right to prove and claim higher damages due to default.

§ 10 Warranty

10.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty is based on the statutory provisions.

10.2 If you place your order with us as a trader, the following applies:

10.2.1 Delivered goods must be inspected by the customer immediately after delivery to the extent feasible in the ordinary course of business. If a defect is found, it must be reported to us immediately. If the customer fails to report the defect, the goods shall be deemed to have been approved, unless the defect was not apparent during the inspection. If such a defect becomes apparent later, it must be reported immediately after discovery, otherwise the goods will be deemed to have been approved even with regard to this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not exempt from the duty to inspect in the case of recourse by the trader in accordance with Section 478 of the German Civil Code (BGB). If the customer does not immediately report the defect claimed by its own customer in such cases, the goods shall be deemed to have been approved even with regard to this defect.

10.2.2 If a defect exists, we are entitled to determine the type of supplementary performance, taking into account the nature of the defect and the legitimate interests of the customer. In these contracts, subsequent performance is deemed to have failed after the third unsuccessful attempt. This clause does not apply in the case of recourse pursuant to Section 478 of the German Civil Code (BGB).

10.2.3 In the event of supplementary performance for defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, to the extent that these are not increased by the fact that the item was taken to a location other than the customer's place of business or the commercial branch to which it was delivered. This clause does not apply in the case of recourse pursuant to Section 478 of the German Civil Code (BGB).

10.2.4 The customer’s claims for defects, including claims for damages, expire after one year. This does not apply in the case of recourse according to Section 478 BGB, nor does it apply in the cases of Section 438 (1) 2 BGB and Section 634a (1) 2 BGB. Furthermore, this does not apply to claims for damages due to injury to life, body or health or due to grossly negligent or intentional breach of duty by us or our agents.

10.3 The warranty period for used items is one year.

§ 11 Liability for Damages and Reimbursement of Expenses

11.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we are liable for damages according to the statutory provisions.

11.2 If you place your order with us as a trader, the following applies in the event of our contractual liability for damages in accordance with clauses 11.2 to 11.8:

11.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our agents, we are liable for damages in accordance with the statutory provisions.

11.2.2 If we or our representatives or agents have inadvertently negligently breached a duty, the fulfilment of which enables the proper performance of the contract in the first place and the breach of which jeopardises the fulfilment of the purpose of the contract and on compliance with which the Customer usually places their trust, liability is limited to the foreseeable, typically occurring damage.

11.2.3 Unless otherwise specified under clauses 11.2.1 and 11.2.2, our liability for damages is excluded. The same applies if recourse claims are asserted against us as suppliers in accordance with Section 478 BGB.

11.3 The exclusions and limitations of liability under clause 11.2 also apply to other claims, in particular tort claims and claims for reimbursement of wasted expenditure instead of performance.

11.4 The exclusions and limitations of liability under clause 11.2 do not apply to any existing claims under Sections 1 and 4 Product Liability Act (Produkthaftungsgesetz) or due to culpable injury to life, body or health. They also do not apply if we have given a guarantee for the quality of our goods or for the performance of our services or for a procurement risk and the guarantee case has occurred or the procurement risk has materialised.

11.5 We are only liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.

11.6 If the limitation of liability under clause 11.2 does not apply to claims arising from producer liability under Section 823 BGB, our liability is limited to the compensation paid by the insurance company. If this does not occur or does not occur in full, we are liable up to the amount of the insured sum. This clause does not apply in the event of culpable injury to life, body or health.

11.7 To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and agents.

11.8 The preceding provisions do not involve a reversal of the burden of proof.

§ 12 12 Service, Repairs

12.1 If you have any questions, complaints or claims, please contact us. You can reach our customer service department by email at kundendienst@sinn.de or by phone during our stated opening hours at +49 (0)69 978414-400.

12.2 For service and repair orders that are not placed within the scope of the statutory warranty, a corresponding cost estimate will be sent and the customer's consent to carry out the offered service will be obtained. The fee for preparing the cost estimate is EUR 20.00, including VAT, not including shipping costs. This amount will be credited to the customer's invoice amount if the order is executed.

§ 13 Legal System, Place of Jurisdiction

13.1 German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.2 For consumers, this choice of law shall apply only to the extent that it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence.

13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of our company in Frankfurt am Main.

§ 14 Alternative Dispute Resolution and OS Platform

14.1 The European Commission provides a platform for online dispute resolution (ODR). This can be reached via the following internet address: https://ec.europa.eu/consumers/odr/

14.2 We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

§ 15 Miscellaneous

15.1 The contract languages are German and English.

15.2 If one or more provisions of these GTCs are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.