(1) The following General Business Conditions of the Gerhard D. Wempe KG, Steinstrasse 23, D-20095 Hamburg, e-mail: are exclusively valid for online orders of merchandise from Gerhard D. Wempe KG.

(2) The version of these GBC which is valid at the time when the order was placed shall be applicable. Arrangements which differ from these GBC are valid only if they have been confirmed in writing by the Gerhard D. Wempe KG.
 
§ 2 Establishment of the Contract /Data Protection

(1) When you place an order online, you simultaneously submit a binding offer to purchase. This offer to purchase is then regarded as accepted by the Gerhard D. Wempe KG when an order number is assigned to the offer. A claim for delivery of the merchandise comes into being only after the offer has been accepted.

(2) When you submit your data, you simultaneously confer upon the Gerhard D. Wempe KG the right, in accordance with the Federal Data-Protection law, to store your data, to process it and to share it with third parties, insofar as this storage, processing and sharing are necessary for conducting the business.

(3) You are not permitted to divulge to third parties the password which is necessary for placing your order. In the event that it is shared with third parties, you are also responsible for orders placed by same. You are liable for all orders placed with your password and for all resulting claims.

§ 3 Cancellation Policy

(1) Cancellation Right

You can cancel the contractual agreement which you have submitted online, without specifying the reasons for your cancellation, within two weeks after its submission. Notification of cancellation must be submitted in written form (e.g. by postal letter, fax or e-mail) or – if the object has been conferred to you prior to the expiration of the deadline – by returning the entire merchandise. The two-week interval prior to the expiration of the cancellation deadline begins when you receive this Cancellation Policy information in text form, but does not begin before the recipient has received the merchandise and also does not begin before we have fulfilled our informational obligations according to Article 246 § 2 in conjunction with § 1 section 1 and 2 of the Introductory Law to the German Civil Code ("EGBGB") as well as our duties under § 312 g) section 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. For adherence to the cancellation period, it is sufficient to submit notification of cancellation and/or to return the entire merchandise within the specified interval to:

Gerhard D. Wempe KG
Division Jewellery
Steinstrasse 23
20095 Hamburg
Tel.: + 49.(0)40.33 44 8-333
Fax.: + 49.(0)40.33 44 8-633

(2) Consequences of Cancellation

In the event of a valid cancellation, performances received by both parties are to be returned and, if applicable, usages (e.g. interest) are to be repaid. If you cannot fully return the received performance or if you can return it only partly or only in a worsened state, you are obliged to compensate us for the loss of value. You are not obliged to compensate us for deterioration caused by appropriate usage of the merchandise. You are only obliged to compensate us for the loss of value due to use if you have used the merchandise in a way that exceeds the examination of its properties and functionality. “Examination of properties and functionality” means testing and trying out the merchandise like it would be possible and usual in a shop.

Objects which can be sent through the mail as packages are to be returned to us at our risk. You are responsible for defraying the costs of return postage if the delivered merchandise corresponds to the ordered merchandise and if the price of the object which is to be returned is not greater than 40 euros or if in case of a higher price, at the point in time when the notification of cancellation was given, you have not yet performed the service in return or if you have not yet made a contractually agreed upon partial payment. Otherwise the return of the object is without charge for you. Objects which cannot be sent through the mail as packages will be picked up on your premises.
Obligations to return payments must be fulfilled within a period of 30 days. This interval begins for you when you submit your notification of cancellation or when you dispatch the delivered merchandise; it begins for us when we receive them.

End of the Cancellation Policy

§ 4 Delivery of the Merchandise

(1) The Gerhard D. Wempe KG delivers to delivery addresses within Germany, and also delivers to delivery addresses within the European Union only if a German invoice address has been provided or if the payment has been made via a credit card.

(2) The Gerhard D. Wempe KG levies shipping charges in the amount of 3.95 euros. A lump-sum shipping fee of 20.00 euros will be charged for deliveries sent to a delivery address within the European Union (outside Germany) and of 35.00 euros for delivery to countries outside the European Union.

(3) The Gerhard D. Wempe KG has the right to deliver partial deliveries to the address specified when the order was placed insofar as this is reasonable in consideration of your interests and ours. In the event of partial deliveries, the Gerhard D. Wempe KG will, of course, pay the additional shipping charges which arise in this context. Shipments of partial deliveries occur at our risk. Upon receipt of each partial delivery, the risk for the delivered article is transferred to you. If we experience delays with as yet undelivered partial deliveries or if we are unable to make delivery of as yet undelivered merchandise, you have the right, if the partial delivery is of no interest to you, to cancel the entire contract or to demand compensation for damages suffered due to our failure to fulfil our entire contractual obligation.

(4) Conditional upon complete and punctual availability of supplies and raw materials, and if we accept your purchase offer before 12 noon from Monday to Friday, and if the date of acceptance is not a holiday, the delivery will usually be made on the second working day after acceptance of your order.

(5) If desired, and in return for a surcharge of 12.50 euros, an express delivery can be arranged. Conditional upon correct and complete availability of supplies and raw materials, and if we declare the acceptance of your purchase offer before 1 o’clock p.m. from Monday to Thursday, the delivery will be made on the next day. Conditional upon correct and complete availability of supplies and raw materials, and if we declare acceptance of your offer in the time period from noon Friday to Sunday, the delivery will be made on the following Tuesday, insofar as the preceding Monday was not a holiday.

(6) Conditional upon complete and punctual availability of supplies and raw materials, the forwarding of merchandise to you on a date specified by you is possible. In this case, your order must be received at least three working days prior to your desired delivery date. If your desired delivery date falls on a Sunday or holiday, a surcharge will be levied.

(7) We call your attention to the fact that holidays are not uniformly celebrated through the entire Federal Republic of Germany, and that services are rendered in various federal states. The abovementioned particularities for holidays are therefore valid for legal holidays in each of the federal states in which the service provider participates in the fulfilling of the order.

(8) If an article should be undeliverable, we shall inform you of same on the invoice or you shall receive written notification of same.

§ 5 Payment, Due Date, Reservation of Proprietary Rights

(1) The purchase price is payable when the merchandise is delivered in full.

(2) The payment shall be made in accord with the payment modes stipulated by the Gerhard D. Wempe KG:

The mode of payment via credit card is valid for registered and unregistered customers up to a payment limit of 4,000.00 euros. 

If you wish to pay by advanced payment, we will ship your order after the funds have been received on our bank account.

(3) The Gerhard D. Wempe KG has the right to demand that you make payment via a different mode of payment than the one specified in the order insofar as an assessment of your creditworthiness may render this demand appropriate in the opinion of the Gerhard D. Wempe KG. In this event, you shall receive notification of this demand from the Gerhard D. Wempe KG after your order has been received by same.

(4) If your payment is delayed, the Gerhard D. Wempe KG has the right to charge default interest in the amount of 5% above the current basic interest rate announced by the European Central Bank, unless you can prove that a lesser damage has been incurred.

(5) Until the full payment has been received, the delivered merchandise remains the property of the Gerhard D. Wempe KG.

§ 6 Warrantee
(1) Illustrations of products may differ from the appearance of the delivered products, especially with regard to colour and dimensions. Especially after updates of the assortment by the manufacturer, changes may occur in the appearance or in the accoutrements of the products. Claims for defects are not valid insofar as the customer can be reasonably expected to accept such differences.

(2) In the event that the merchandise is imperfect, we shall assure supplementary performance within a reasonable period of time, i.e. we shall either deliver alternative merchandise or rectify the imperfection. If your choice of supplementary performance necessarily entails disproportionately high expenses, we reserve the right to render supplementary performance in another form. We shall bear the expenses incurred for such supplementary performance, or if a reasonable interval in which to render supplementary performance transpires without results, you have the right, after your choice, to nullify the purchase contract or to reduce the purchase price.

(3) If you decide to nullify the purchase contract, the already delivered merchandise is to be returned and, if benefits have accrued in the interim, these too shall be disbursed. If you cannot return the received merchandise, or if you can only return part of it, or if you can only return it in a worsened condition, then you may be obliged to compensate us for the loss of value. This, however, shall not apply to worsening caused by appropriate usage of the merchandise.

(4) Claims for damage lapse two years after the point in time when the merchandise was delivered.


§ 7 Restitution of Damage
Restitution of damage due to breach of duty within the context of the contractual relationship shall be rendered, but only in the event of intent or gross negligence, unless the situation involves essential contractual obligations.

§ 8 Costs for Return Shipment

You are responsible for defraying the costs of return postage if the delivered merchandise corresponds to the ordered merchandise and if the price of the object which is to be returned is not greater than 40 euros or if in case of a higher price, at the point in time when the notification of cancellation was given, you have not yet performed the service in return or if you have not yet made a contractually agreed upon partial payment. Otherwise the return of the object is without charge for you

§ 9 Applicable Law

(1) The laws of the Federal Republic of Germany shall apply. However, the United Nations’ convention on contracts for the international sale of goods (CISG) of 11 April 1980 shall not apply here.

(2) Reclamations are to be submitted to the address mentioned in § 1.