Conditions

1. GENERAL

  • These general terms and conditions ("GTC") apply exclusively to all contracts for the purchase of goods in the seller's online shop at marcgebauer.com. Deviating terms and conditions of the customer do not apply unless the seller has expressly confirmed them in writing.
  • Agreements made with the customer in individual cases take precedence over these general terms and conditions.


2. CONCLUSION OF CONTRACT

  • The goods shown in the online shop do not represent a legally binding offer by the seller. Only the customer's order constitutes a legally binding offer that the seller may accept at its discretion.
  • The ordering process begins with the selection of articles that the customer can place in the shopping cart. The customer can, at any time, view and modify the items in the shopping cart. After selecting the “Checkout Now” button, the customer provides their contact information and delivery address, selects a shipping option, and chooses a payment method. The customer places a legally binding order by clicking the "Buy" button.
  • The seller's acceptance of the order is signified by the request for payment.

3. RIGHT OF WITHDRAWAL

  • Consumers have a statutory right of withdrawal. Further information can be found in the seller's cancellation policy.
    • Relevant U.S. Law: FTC Cooling-Off Rule

4. SUBJECT TO AVAILABILITY

  • The seller reserves the right to withdraw from the contract if the ordered goods are not available due to reasons beyond the seller's control, such as supplier non-fulfillment. The seller will inform the customer immediately about the unavailability and reimburse any payments received.
  • The seller assumes no procurement risk and is only obliged to deliver from its stock or from orders placed with suppliers.
    • Relevant U.S. Law: UCC § 2-615 - Excuse by Failure of Presupposed Conditions

5. PRICES; PAYMENT

  • The displayed item prices include statutory sales tax. Shipping costs are shown separately.
  • Additional costs may arise for deliveries to countries outside the European Union, which are to be borne by the customer, such as transfer fees, exchange rate fees, and import duties or taxes.
  • If the customer withdraws from the purchase after receiving the goods, the customer is responsible for the return shipping costs.
  • The purchase price must be paid in advance. The goods will be dispatched only after receipt of full payment.
    • Relevant U.S. Law: Truth in Lending Act (TILA)

6. RESERVATION OF TITLE, RIGHT OF RETENTION

  • The delivered goods remain the property of the seller until full payment has been received.
  • The customer may exercise a right of retention only if their counterclaim arises from the same contractual relationship.
    • Relevant U.S. Law: UCC § 2-401 - Passing of Title; UCC § 2-703 - Seller’s Remedies in General

7. DELIVERY

  • The ordered goods will be sent to the delivery address provided by the customer. If goods are returned due to the customer's error, the customer bears the costs for return and re-shipment.
  • Delivery times are specified in the item descriptions. If no delivery period is specified, the standard delivery time is ten (10) working days from receipt of payment.
  • In the event of delivery delays due to force majeure or operational disruptions, the delivery period is extended by the duration of the disruption, up to a maximum of three weeks.
  • If payment cannot be processed due to missing or incorrect information from the customer, the delivery period begins only after the customer provides the required information.
    • Relevant U.S. Law: UCC § 2-309 - Absence of Specific Time Provisions; Notice of Termination

8. MATERIAL DEFECT, BURDEN OF PROOF

  • Goods are free from material defects if they conform to the agreed quality at the time of risk transfer. For used goods, signs of wear and tear are considered part of the agreed quality.
  • The customer must prove that any material defect existed at the time of risk transfer and was not caused by wear and tear or improper handling after risk transfer. For consumers, if a defect appears within six months of the risk transfer, it is assumed to have existed at the time of transfer unless this assumption is inconsistent with the nature of the item or defect.
    • Relevant U.S. Law: Magnuson-Moss Warranty Act; UCC § 2-313 - Express Warranties by Affirmation, Promise, Description, Sample

9. STATUTORY WARRANTY RIGHTS, STATUTE OF LIMITATIONS

  • In case of a material defect, the buyer may request supplementary performance. If supplementary performance fails, the buyer has additional statutory rights as per § 437 BGB.
  • For used goods, the buyer's warranty rights expire one year after delivery. Used watches are marked "worn" in the item description.
    • Relevant U.S. Law: UCC § 2-725 - Statute of Limitations in Contracts for Sale

10. WARRANTIES

  • For used watches, the seller provides a one-year durability guarantee on watch parts from the delivery date, provided the manufacturer's guarantee has expired.
  • Manufacturer guarantees are enforceable against the respective manufacturer. The seller is not liable for manufacturer guarantees and acts only as a service facilitator for warranty cases.
    • Relevant U.S. Law: Magnuson-Moss Warranty Act

11. SUBSEQUENT PERFORMANCE

  • If goods are defective, the customer may request either defect removal or delivery of a defect-free item. The seller covers necessary expenses for supplementary performance, including transport, travel, labor, and material costs.
  • The seller may refuse the customer's chosen method of supplementary performance if it entails disproportionate costs. In such cases, the customer's claim is limited to the alternative method of supplementary performance.
  • The customer must allow the seller the necessary time and opportunity for subsequent performance, including the return of defective goods for inspection. For replacement deliveries, the customer must return the defective item.
    • Relevant U.S. Law: UCC § 2-508 - Cure by Seller of Improper Tender or Delivery; Replacement

12. Alternative Dispute Resolution

  • The business relationship between the seller and the customer is subject to the laws of the United States of America. The substantive law governing the contract is the law of the country of Switzerland.
  • All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by a sole arbitrator appointed in accordance with the said Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Las Vegas, Nevada. The arbitrator shall issue an award within three months from the date of Terms of Reference execution and has the power to extend that time frame with the permission of the ICC Secretariat.
    • Relevant U.S. Law: Federal Arbitration Act (FAA); E-SIGN Act

RIGHT OF WITHDRAWAL

  • Cancellation Policy: Marc Gebauer Lifestyle GmbH, Erkrather Str. 401, 40231 Düsseldorf ("Entrepreneur")
  • Status: 13.11.2021 With this cancellation policy, we comply with our information obligation according to § 312d Abs. 1 BGB in connection with Art. 246a § 1 Abs. 2 and 3 EGBGB by informing you about the conditions, deadlines, and procedure of cancellation of purchase contracts for goods from our online shop at www.marcgebauer.com.

1. RIGHT OF WITHDRAWAL

    • According to § 312g Para. 1 BGB, consumers have a 14-day statutory right of cancellation in accordance with § 355 BGB for distance sales contracts, i.e., also when purchasing goods in online shops.
      • Relevant U.S. Law: FTC Cooling-Off Rule

2. NO RIGHT OF WITHDRAWAL

    • There is no right of withdrawal for sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
    • In particular, cosmetic products are excluded from the right of withdrawal if they are no longer marketable when the seal is removed.

3. WITHDRAWAL PERIOD

    • The withdrawal period is 14 days. Sending the revocation in time is sufficient for meeting the deadline. The withdrawal period begins with a purchase of consumer goods:
      • which does not fall under letters b to d as soon as the consumer or a third party named by him who is not a carrier has received the goods,
      • in which the consumer has ordered several goods as part of a single order and the goods are delivered separately as soon as the consumer or a third party named by him who is not a carrier has received the last goods,
      • in which the goods are delivered in several partial shipments or pieces as soon as the consumer or a third party named by the consumer who is not the carrier has received the last partial shipment or the last piece,
      • which is aimed at the regular delivery of goods over a specified period of time as soon as the consumer or a third party named by him who is not a carrier has received the first goods.

4. DECLARATION OF WITHDRAWAL

    • The revocation takes place by declaration to the entrepreneur. The declaration must clearly show the consumer's decision to withdraw from the contract.
    • The revocation does not have to contain a reason. The revocation can be declared in any form (e.g. letter, email, telephone). The consumer can also use the attached model withdrawal form for this purpose, but this is not mandatory.

5. CONSEQUENCES OF A WITHDRAWAL

    • The consumer and the entrepreneur are no longer bound by their declarations of intent aimed at concluding the contract if the consumer has withdrawn his declaration of intent in due time.
    • The services received must be returned within 14 days at the latest.

6. REIMBURSEMENT OF PAYMENTS

    • The entrepreneur must also return any payments made by the consumer for the delivery. This does not apply if the consumer has incurred additional costs because he has opted for a different type of delivery than the cheapest standard delivery offered by the entrepreneur.
    • For the repayment, the entrepreneur must use the same means of payment that the consumer used when paying. This does not apply if something else has been expressly agreed and the consumer does not incur any costs.
    • The entrepreneur can refuse the repayment until he has received the goods back or the consumer has provided evidence that he has dispatched the goods. This does not apply if the entrepreneur has offered to collect the goods. The consumer is not obliged to return the goods received if the entrepreneur has offered to collect the goods.

7. COLLECTION OF HIGH-QUALITY GOODS

    • Goods with a value of more than 2,000 euros (especially watches) are picked up by the entrepreneur by a courier. A return by the consumer is excluded.
    • The collection can be made Monday to Friday within an agreed time window. The consumer receives a shipping label that must be attached to the packaging supplied.

8. RETURN COSTS

    • The consumer bears the direct costs of returning the goods. This does not apply to watches and goods of the “Marc Gebauer” brand. The consumer receives a free shipping label for these goods.

9. VALUE REPLACEMENT 

    • The consumer has to pay compensation for a loss in value of the goods if the loss in value is due to handling of the goods that was not necessary to check the quality, properties, and functionality of the goods.
    • The vacuum packaging must not be removed from vacuumed watches. Removing the vacuum packaging leads to a loss of value for which the consumer has to pay compensation. The same goes for removing a security strap.
    • Unprotected watches may only be tried on but not worn. Wearing the watch leads to a loss of value for which the consumer has to pay compensation.
    • Cosmetic products must not be opened to check for incompatibility with regard to the ingredients. The consumer has the opportunity to find out about the ingredients on the product packaging.

10.    WITHDRAWAL FORM

    • Withdrawal form To: Marc Gebauer Lifestyle GmbH, Erkrather Str. 401, 40231 Düsseldorf I hereby revoke the contract I have concluded for the following goods: Designation: ______________________________
      Ordered on: ______________________________
      Name of the consumer: ______________________________
      Address of the consumer: ______________________________
      Date: ______________________________
      Signature of the consumer (only for notification on paper) You can use the cancellation form below, but this is not mandatory.

      Delivery Information

      If the address is incorrect, the packages will be sent back to Marc Gebauer Lifestyle GmbH. Once your order has been placed, it will take an average of 7 working days for the package to arrive depending of the place of delivery. From the moment the package is ready for dispatch and you receive your dispatch confirmation by email, you can count on the usual delivery times of the logistics partners.

      In order to offer you comprehensive security when purchasing, we grant you a 14-day right of return. If you are not satisfied with your watch, you can send it back free of charge. We ask you to send us your decision by email. You will then receive a label from us for free and insured return shipping. In the event of a cancellation, we will assume the direct costs for the insured return shipment.