For all purchase agreements completed via this website, your contractual partner is:
Werner Fochtmann – Juweler
80539 Munich GERMANY
Tel. +49 (0)89 29 32 51
Commercial Register: Munich Local Court
Business Registration No.: 69375
VAT ID No.: DE 130 28 99 80
(1) We sell you the goods presented in our online store, which you have marked for purchase by placing them in your virtual shopping cart, under the following terms of sale.
(2) All agreements made between us and you for the execution of this purchase contract are set out in writing in these terms and conditions, in the description of the goods, including images, and in the summary displayed with the item(s) in the last step of the sales process together with the button “ORDER SUBJECT TO PAYMENT”, where you have the opportunity to check the details of your order.
(1) The ordering process serves to prepare your contractual declaration. If you press or click on the button “ORDER SUBJECT TO PAYMENT” at the end of the ordering process, you make a binding offer to FOCHTMANN Munich (hereinafter “we” or “us”) to conclude a purchase contract subject to payment for the goods that are in your electronic shopping cart at the time of the quote.
(2) After receipt of the order, we will confirm the details of the order in an order confirmation. This order confirmation is not an acceptance of your purchase quote.
(3) We then check the quote to ensure that we can fulfil the order and can accept it within two weeks. Acceptance of your order is sent by order confirmation to the e-mail address that you specified in the ordering process. Upon receipt of the e-mail, the purchase contract is concluded. This also applies in the event that you do not notice the receipt of the e-mail, for example because it is – for whatever reason – directed to a spam folder or access is prevented by a filter.
(4) The illustration or presentation of an item in the online store does not mean that this item is still available. Please note that several order processes for the same goods may run in parallel.
(1) Unless otherwise stated, we have the sole copyright to the jewellery. Imitations and reproductions without our written consent are prohibited.
(1) Terms of delivery and payment apply to deliveries within Germany.
(2) Only the price stated at www.fochtmann.de and confirmed in the order confirmation apply. All prices include the statutory value added tax, which is shown separately on the invoice.
(3) The payment providers and payment options specified in the order process are the only ones available for payment.
(4) Payment is due at the time the order is placed.
(5) Delivery is free of charge within Germany. The shipment is insured up to the amount of the purchase price.
(1) We shall inspect the contractual goods prior to shipment in accordance with the dual control principle to ensure that they are complete and are free of defects. The goods shall be packed free of defects in the presence of at least two persons and handed over to the shipping service.
(2) After receipt of the goods, check the integrity of the shipment and inform us of any possible damage or transport damage. Be sure to document any defects (e.g. with photos) so that we can substantiate possible claims against the shipping company.
(1) The delivery times are to be taken from the respective quote.
(2) Compliance with our delivery obligation requires that you have fulfilled your obligations – particularly with respect to payment – in a timely and proper manner.
(3) If we have not delivered the contractual goods within thirty (30) days after the conclusion of the contract and receipt of payment or any other date agreed upon with you, you may withdraw from the purchase contract and we will refund any money you have already paid. If the contractual goods have already been shipped and are received by you after the cancellation declaration, we will refund the amount of money after the goods have been returned and received by us. For returns, article 7.4 applies.
(4) If you are in default of acceptance, for example because a consignment is not collected or cannot be delivered, or if you culpably breach other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to make further claims as a result.
(5) In the event of a delivery delay due to a grossly negligent breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage. Insofar as the delivery delay for which we are responsible is based on the culpable breach of a material contractual obligation, the compensation for damages shall in turn be limited to the foreseeable, typically occurring damage.
(1) Unless otherwise agreed, the quoted goods are unique items (one-of-a-kind).
(2) The representation of the goods in our online store may differ from the actual appearance (size, proportions, colour, brightness, etc.) for technical reasons on the device on which you are viewing the images. Deviations in relation to the representation do not constitute a defect of the purchased item. Only the respective product description is final to agree on the quality of the item.
(3) If the goods have a defect, you may demand that we remedy the defect. The delivery of a new defect-free item is excluded, unless it is exceptionally a product from a series. In this case, you can demand the delivery of a defect-free product instead of the removal of the defect.
(4) In the event of a return for the purpose the removal of a defect or replacement delivery, the following shall apply:
a) In the event of returns within Germany, we will arrange for the return of the goods ourselves.
b) For returns from outside Germany, we will determine the type of return by e-mail to the address specified in the order process. We will decide whether to refund the cost of the return, send you packaging with prepaid postage or arrange for the goods to be picked up.
We shall bear the responsibility for all expenses necessary for the purpose of supplementary product performance within the scope of remedying the defect, in particular transport, travel, labour and material costs, insofar as they are not increased by the fact that the purchased item was taken by you to a place other than the place of delivery.
(5) If the supplementary product performance fails, you are entitled to withdraw from the purchase contract or to demand a reduction in price at your discretion.
(1) Claims for damages against us are excluded. There is an exception for claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a simple, negligent breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for this type of contract, unless it is a matter of claims for damages arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall apply insofar as we have reached an agreement with you on the quality of the item.
(5) The provisions of the Product Liability Act shall remain unaffected.
If any provision of these Terms and Conditions of Sale is found by a court to be invalid, void or unenforceable, the remainder of the contract and these Terms and Conditions of Sale shall remain in full force and effect.