|General Terms and Conditions
Black Forest Cuckoo Clocks / August Schwer e.K. Company
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
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 firstname.lastname@example.org.
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.
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
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.
The delivery will be carried out by the shipping company chose
in your shopping cart and its partner companies in the
respective destination country.
7.1 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.
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.
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.
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.