General terms
Privacy Policy
1. An overview of data protection
General
The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.
2. General information and mandatory information
Data protection
The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.
If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
Adolf Herr
Landstr. 7
D-78132 Hornberg-Niederwasser
Telephone: 07833/8037
Email: info@house-of-black-forest-clocks.com
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Encrypted payments on this website
If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.
Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser's address line when it changes from http:// to https:// and the lock icon in your browser line is visible.
In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.
3. Data collection on our website
Cookies
Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called session cookies. They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.
Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.
Contact form
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Processing of data (customer and contract data)
We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.
Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
Data transmitted when entering into a contract with online shops, retailers, and mail order
We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to companies entrusted to deliver goods to your location or banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.
The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
4. Social media
Facebook plugins (Like & Share buttons)
Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.
When you visit our site, a direct connection between your browser and the Facebook server is established via the plugin. This enables Facebook to receive information that you have visited our site from your IP address. If you click on the Facebook Like button while you are logged into your Facebook account, you can link the content of our site to your Facebook profile. This allows Facebook to associate visits to our site with your user account. Please note that, as the operator of this site, we have no knowledge of the content of the data transmitted to Facebook or of how Facebook uses these data. For more information, please see Facebook's privacy policy at https://de-de.facebook.com/policy.php.
If you do not want Facebook to associate your visit to our site with your Facebook account, please log out of your Facebook account.
Google+ plugin
Our pages use Google+ functions. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Collection and disclosure of information: Using the Google +1 button allows you to publish information worldwide. By means of the Google+ button, you and other users can receive custom content from Google and our partners. Google stores both the fact that you have +1'd a piece of content and information about the page you were viewing when you clicked +1. Your +1 can be displayed together with your profile name and photo in Google services, for example in search results or in your Google profile, or in other places on websites and advertisements on the Internet.
Google records information about your +1 activities to improve Google services for you and others. To use the Google + button, you need a globally visible, public Google profile that must contain at least the name chosen for the profile. This name is used by all Google services. In some cases, this name may also replace a different name that you have used to share content via your Google account. The identity of your Google profile can be shown to users who know your email address or other information that can identify you.
Use of collected data: In addition to the uses mentioned above, the information you provide is used in accordance with the applicable Google data protection policies. Google may publish summary statistics about users' +1 activity or share it with users and partners, such as publishers, advertisers, or affiliate websites.
5. Analytics and advertising
Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ( Google ).
As part of Google AdWords, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.
Each Google AdWords advertiser has a different cookie. Thus, cookies cannot be tracked using the website of an AdWords advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the AdWords advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.
Conversion cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
For more information about Google AdWords and Google Conversion Tracking, see the Google Privacy Policy: https://www.google.de/policies/privacy/.
You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.
6. Plugins and tools
Google Web Fonts
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.
Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.
Google Maps
This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.
7. Payment service providers
PayPal
Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.
If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.
General Terms
General Terms of Contract between the House of Black Forest Clocks and any
consumer, user, or visitor who does not reside in Germany Austria, or
Switzerland in respect of goods ordered and the use of the website
www.houseofblackforestclocks.com
06/2003
Preamble:
The House of Black Forest Clocks is a German company situated in 78132 Hornberg,
Landstr. 7, Germany (Phone: -49/7833/8037, Fax –49/7833/7724, e-mail:
a.herruhren@t-online.de, web:www.houseofblackforestclocks.com).
Proprietor is Adolf Herr. They use secure data transmission on their website
that each customer can transmit his/her personal data securely when using the
website.
1. Subject matter, valid version
(1) Subject to these terms of contract is every sale, delivery, and service that
takes place between the House of Black Forest Clocks and a consumer and/or any
user/visitor of the website www.houseofblackforestclocks.com who is not a
resident of Germany, Austria, nor Switzerland, particularly when all the
communication and the acceptance of the contract takes place by the sole use of
means of distant communication e.g. phone, fax, e-mail, letter, internet etc.
The consumer accepts the validity of these general terms of contract by pressing
the “accept”-button when filling out the order form on the website or when
placing an order in a different manner. The user accepts the validity of these
general terms when opening the website www.houseofblackforestclocks.com.
The terms of contract are always valid in the version that can be opened on the
website www.houseofblackforestclocks.com at the time of visiting/using
the website, particularly when clicking the accept-button or placing an order.
Every consumer will get the terms of contract in a printed form together with
the delivery of the ordered good. Consequently, further orders will be subject
to the terms of contract that may be opened on the above mentioned website at
the time of placing the further order.
(2) Terms of contract of the buyer/user/visitor, in particular buying conditions,
will under no circumstance overrule any part of these terms of contract, except
if explicitly accepted by House of Black Forest Clocks in a written form.
(3) These terms of contract are part of the contract itself. Additions,
modifications etc. will only be valid if House of Black Forest Clocks accepts
them at the time the consumer places the order.
2. Price, availability, accepting the contract
(1) Each order will be subject to the price that may be seen on the website
www.house-of-black-forest-clocks.com at the time of the consumer sending the
order. In any other circumstance the prices may vary, as may the availability of
the particular goods and the time of delivery. Especially if the particular item
is not available, the House of Black Forest Clocks reserves the right to choose
whether it accepts the offer at all and at what time it accepts the offer.
When a customer places an order by using the tools on the website, the ordered
goods are only subject to the price that is found on the website next to the
picture of the particular item.
As soon as the buyer places the items in the virtual cart, the website will add
the final price including shipment, insurance and taxes if they are part of the
order. The shipped goods may be subject to customs of the consumer’s country on
which the House of Black Forest Clocks does not have any influence and that may
vary from country to country. Accordingly, the added price in the cart does not
include any custom fees. Taxes and shipment fees depend on the prior chosen
country category and on the number of chosen items. Shipment and insurance fees
that are found next to the images of the respective items are only valid in
respect to the shipment of only that single item. If the consumer chooses
serveral items to be shipped to one destination, the website will add the
individual final price if the consumer clicks the button “final price”.
If the consumer places the order by phone, fax, letter, email etc., the ordered
good is subject to the price the House of Black Forest Clocks had told the
consumer right before he/she placed the order.
If the goods are to be shipped to a member-state of the EEC, the added final
price will include a VAT of 19 % on the price of the item. The shipment and
insurance fees will be added up automatically when pressing the button “final
price”.
If the goods are to be shipped to a country outside of the EEC, the price of the
item does not include the VAT because that particular sale ist not subject to
German VAT. Shipments of goods to a country outside of the EEC may be subject to
custom fees of the country of destination. House of Black Forest Clocks does not
know the custom rates of any foreign country, so the added final price does not
include any custom fees.
Goods will be shipped by using Deutsche Post AG. Deutsche Post AG is the general
German mail service.
(2) Despite an express written confirmation of the order, the contract will come
into existence when House of Black Forest Clocks send the ordered item out for
delivery - for the latest, when the consumer accepts the delivery. Individual
information on the prices of goods are no confirmation of the order nor of the
contract.
House of Black Forest Clocks will accept the consumer’s offer to buy a
particular item when they have received the payment for the ordered good
including shipment and insurance fee. Reception of such payment will take
particularly place as soon as the credit card company confirms the payment to
House of Black Forest Clocks and the latter receives such confirmation. House of
Black Forest Clocks reserves the right zu reject an order without giving reason
for such rejection, in particular if the credit card company refuses to confirm
payment.
3. Conditions of payment, exchange rates and secure data transmission.
(1) The consumer has to pay the total price of the goods ordered - including the
necessary taxes, shipment and insurance if so ordered. How to learn the
individually valid total price see no. 2 (1).
House of Black Forest Clocks will not accept the consumers offer to buy certain
goods as long as House of Black Forest Clocks has not received the corresponding
payment. House of Black Forest Clocks reserves the right to finally reject the
offer if the consumer has not paid the price for the goods ordered and if House
of Black Forest Clocks has not received such payment within a reasonable time.
(2) The valid currencies for the said prices are deutschmark and euro. If there
are prices in any other currencies despite deutschmark and euro on the website,
these prices in foreign currencies are non-committal estimates to give the buyer
a rough idea how the price might be in the foreign currency. Basis for these
estimates are the currency rates published in the German media.
(3) The accepted ways of payment are payment by credit card, by using
eurocheques, by using travellers cheques and by paying in cash.
(a) Payment by credit card:
in order to perform payment the client transmits his/her credit card information
to House of Black Forest Clocks by completing the order form on the website, by
fax, by mail or by phone. The necessary credit card information the client needs
to transmit are the name of the credit card company, the number of the credit
card and the expiration date. House of Black Forest Clocks use
SSL-security-system on their website for the transmission of credit card
information from the client to House of Black Forest Clocks to prevent a third
party from getting knowledge of the client’s credit card information.
If the client pays by credit card from a foreign country that does not belong to
the euro-states, the exchange rate will be defined by the client’s credit card
company when the company bills the client’s credit card account. House of Black
Forest Clocks does not have any influence on the exchange rate that the client’s
credit card company uses.
(b) Payment by eurocheque:
House of Black Forest Clocks will only accept a eurocheque up to an amount of DM
400,00 200,00 EUR each. The amount has to be filled in in deutschmarks or in
euro.
(c) Travellers cheques and cash:
House of Black Forest Clocks will accept travellers cheques and cash. If
travellers cheques or cash are in a currency other than deutschmarks or euro,
the payment will be subject to the exchange rate on the day House of Black
Forest Clocks receive the payment and that is published in the German media on
the day of its reception.
4. Delivery
(1) All goods - except delivery of grandfather Clocks within Germany - will be
shipped by German regular mail (Deutsche Post AG). House of Black Forest Clocks
do not have direct influence on the services of Deutsche Post AG. For that
reason the following estimates of time for shipment are non-committal.
HOUSE OF BLACK FOREST CLOCKS WILL NOT BE LIABLE FOR ANY DELAY THAT IS CAUSED BY
DEUTSCHE POST AG. THE ESTIMATES OF TIME OF DELIVERY ARE NO WARRANTY, NEITHER
EXPRESS NOR IMPLIED, THAT THE GOODS WILL ARRIVE WITHIN THE ESTIMATED TIME. If
the client prefers a different way of delivery, the parties may agree on such a
different way. If the different way of shipment is more expensive than the rates
of Deutsche Post AG, the client has to pay equivalently higher shipment fees.
Delivery of grandfather clocks within Germany is free. Particularly in the time
of school holidays in summer, before Easter and before Christmas, the client
must consider a longer time for delivery.
(2) Delivery of goods within Germany - despite of grandfather clocks - takes
generally two weeks. If the client orders a grandfather clock, House of Black
Forest Clocks will tell the client - for the latest when confirming the order -
in what time the grandfather clock will be delivered.
(3) In general, delivery of goods in a country that is part of the EEC will take
2 - 3 weeks.
(4) Delivery to a destination in any other country generally takes 4 - 6 week.
(5) House of Black Forest Clocks reserve the right to reject the order of goods
that House of Black Forest Clocks do not have on stock and that they will not
have on stock within an reasonable time. House of Black Forest Clocks will
inform the client about the unavailability of the particular good within a
reasonable time.
(6) House of Black Forest Clocks may at their own discretion deliver several
goods in different installments.
5. Limitation of liability, express warranty, disclaimer of warranties,
insurance
(1) ALL GOODS THAT ARE TO BE DELIVERED ARE INSURED ON THEIR WAY TO THE
DESTINATION GIVEN BY THE CLIENT. THE CLIENT HAS TO PAY INSURANCE FEES THAT ARE
PART OF THE TOTAL PRICE THE CLIENT PAYS. AFTER RECEIVING THE GOODS THE CLIENT
MUST IMMEDIATELY INFORM THE DELIVERING PERSON OR COMPANY OF ANY DAMAGE OF THE
PACKAGING AND THE GOODS. THE CLIENT NEEDS THE DELIVERY COMPANY TO CONFIRM THE
DAMAGE IN WRITTEN FORM. THE CLIENT HAS FURTHER TO INFORM HOUSE OF BLACK FOREST
CLOCKS IMMEDIATELY AFTER DISCOVERY OF ANY DAMAGE. IF THE GOOD HAD BEEN DAMAGED
WHEN IT ARRIVED AT THE GIVEN DESTINATION AND IF THE CLIENT SENDS THE ORIGINAL
CONFIRMATION OF THE DELIVERING COMPANY TO HOUSE OF BLACK FOREST CLOCKS THAT THE
GOOD HAD ALREADY BEEN DAMAGED WHEN DELIVERED TO THE DESTINATION, THE CLIENT HAS
THE CHOICE TO EITHER RESCIND THE CONTRACT OR TO DEMAND THE DELIVERY OF A
SUBSTITUTE.
IN CASE OF RESCISSION OF CONTRACT THE CLIENT HAS TO SEND BACK THE DAMAGED GOOD
TO HOUSE OF BLACK FOREST CLOCKS AND THE LATTER WILL RECREDIT THE SALE PRICE
INCLUDING SHIPMENT - HOWEVER, EXCLUDING THE INSURANCE FEE - ON THE CLIENT’S
CREDIT CARD ACCOUNT. IF THE CLIENT HAD TO PAY FOR SENDING THE DAMAGED GOOD BACK
TO HOUSE OF BLACK FOREST CLOCKS, THE LATTER WILL CREDIT THAT AMOUNT ON THE
CLIENT’S CREDIT CARD ACCOUNT, ALSO.
IF THE CLIENT CHOOSES TO DEMAND DELIVERY OF A SUBSTITUTE, HE/SHE MUST SEND BACK
THE DAMAGED GOOD TO HOUSE OF BLACK FOREST CLOCKS. THE LATTER WILL CREDIT ANY
COST FOR SENDING THE GOOD BACK ON THE CLIENT’S CREDIT CARD ACCOUNT. FREE
SHIPMENT OF A SUBSTITUTE OF THE SAME PRODUCT IS ONLY POSSIBLE IF HOUSE OF BLACK
FOREST CLOCKS HAVE SUCH SUBSTITUTE STILL ON STOCK. IF A SUBSTITUTE IS NOT
AVAILABLE, HOUSE OF BLACK FOREST CLOCKS WILL INFORM THE CLIENT WITHIN A
REASONABLE TIME AND RECREDIT THE SALE PRICE INCLUDING SHIPMENT - EXCLUDING
INSURANCE FEES, ON THE CLIENT´S CREDIT CARD ACCOUNT.
HOUSE OF BLACK FOREST CLOCKS MAY AT THEIR OWN DISCRETION WAVE THE RIGHT TO
DEMAND RETURN OF THE DAMAGED GOOD. DIMINUTION IN VALUE IS ONLY POSSIBLE AFTER AN
EXPRESS CONSENT OF HOUSE OF BLACK FOREST CLOCKS.
(2) IF THE RECEIVED GOODS DIFFER SLIGHTLY IN QUALITY, SIZE, NUMBER OR COLOUR TO
THE PICTURES IN CATALOGUES, ON MAILINGS, ON THE WEBSITE, OR TO GOODS DELIVERED
EARLIER, THAT DIFFERENCE CANNOT BE CONSIDERED A FLAW THAT MAKES ANY CLAIM OF THE
CLIENT RAISE.
HOUSE OF BLACK FOREST CLOCKS LIMIT THEIR WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE AND OF MERCHANTABILITY FOR ALL GOODS THAT ARE SOLD TO A TIME OF 6 MONTHS
AFTER DELIVERY TO THE DESTINATION GIVEN BY THE CLIENT. ONLY THE WARRANTY FOR
MECHANICAL CLOCKWORKS OF CUCKOO-, WALL-, AND MANTLECLOCKS IS LIMITED TO A
TIMEPERIOD OF TWO YEARS AFTER DELIVERY OF THE CLOCK TO THE DESTINATION GIVEN BY
THE CLIENT. CLOCKWORKS THAT ARE BATTERY OPERATED ARE IN THAT RESPECT NOT
CONSIDERED MECHANICAL CLOCKWORKS.THE WARRANTY FOR CLOCKWORKS OF GRANDFATHER
CLOCKS IS LIMITED TO A TIMEPERIOD OF FIVE YEARS AFTER DELIVERY OF THE CLOCK TO
THE DESTINATION GIVEN BY THE CLIENT:
IN ANY OTHER RESPECT, ESPECIALLY AFTER A TIMEPERIOD OF TWO YEARS FOR MECHANICAL
CLOCKWORKS AND SIX MONTH FOR ANY OTHER GOOD OR PARTS OF GOODS AFTER DELIVERY TO
THE GIVEN DESTINATION, THE CLIENT AND HOUSE OF BLACK FOREST CLOCKS AGREE THAT
THE GOOD IS SOLD, DELIVERED, AND RECEIVED “AS IS” AND THAT HOUSE OF BLACK FOREST
CLOCKS MAKES NO FURTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AFTER
THE ELAPSE OF THE AFOREMENTIONED TIME PERIOD.
(3) HOUSE OF BLACK FOREST CLOCKS WILL NOT BE LIABLE FOR DAMAGES OF THE DELIVERED
GOODS THAT ARE NOT DIRECTLY CAUSED BY HOUSE OF BLACK FOREST CLOCKS, BY ONE OF
THEIR AGENTS, OR BY THE DELIVERING COMPANY - IN PARTICULAR FOR DAMAGES THAT
OCCUR AFTER DELIVERY TO THE GIVEN DESTINATION, E.G. CAUSED BY INCORRECT HANDLING
OF THE GOOD ESPECIALLY WHEN NEGLECTING THE INSTRUCTIONS. IN ANY EVENT, ALL
WARRANTY AND LIABILITY OF THE CLIENT SHALL TERMINATE IF THE EQUIPMENT IS
OPERATED NOT IN STRICT CONFORMITY WITH THE OPERATION MANUALS OR IN THE EVENT OF
ANY INTERFERENCE OF THIRD PARTIES. THE DUTIES, LIABILITIES AND OBLIGATIONS OF
HOUSE OF BLACK FOREST CLOCKS DO NOT EXTEND TO ANY REPAIRS, ADJUSTMENTS,
ALTERATIONS, REPLACEMENTS OR MAINTENANCE WHICH MAY BE REQUIRED AS A RESULT OF
NORMAL WEAR AND TEAR IN THE OPERATION OF THE EQUIPMENT, NORMAL DEGRADATION IN
THE PERFORMANCE OF THE EQUIPMENT AS A RESULT OF CLIENT S FAILURE TO OPERATE OR
MAINTAIN THE EQUIPMNET IN ACCORDANCE WITH THE MANUFACTURER S RECOMMENDATIONS.
HIDDEN DEFECTS SHALL MEAN ONLY SUCH DEFECTS WHICH ARE BEEN CAUSED BY HOUSE OF
BLACK FOREST CLOCK S GROSS NEGLIGENCE AND COULD NOT HAVE BEEN DETECTED BY A
REASONABLE INVESTIGATION CARRIED OUT BY CLIENT PRIOR TO THE EXPIRY OF THE
ORIGINAL WARRANTY PERIOD. IN ANY EVENT, ALL WARRANTY AND LIABILITY OF HOUSE OF
BLACK FOREST CLOCKS FOR DEFECTS, WHETHER HIDDEN OR NOT, SHALL TERMINATE 5 YEARS
FROM THE DATE OF SHIPMENT OF THE GOOD GIVING RISE TO THE CLAIM. (4) THE SERVICE
OF THE WEBSITE AND THE INFORMATION THEREON IS PROVIDED “AS IS” AND “AS
AVAILABLE.” WITHOUTH A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOUSE OF BLACK FOREST CLOCKS DOES
NOT WARRANT:
THE ACCURACY, ADEQUACY, QUALITY, CURRENTNESS, VALIDITY, COMPLETENESS, OR
SUITABILITY OF ANY INFORMATION FOR ANY PURPOSE;
THAT ANY INFORMATION WILL BE FREE OF DEFECTS OF INFECTION BY VIRUSES OR ANYTHING
ELSE THAT CONTAMINATES OR DESTROYS PROPERTY;
OR THAT THE FUNCTIONS OR SERVICES PERFORMED BY HOUSE OF BLACK FOREST CLOCKS WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN HOUSE OF BLACK FOREST
CLOCKS´WEBSITE WILL BE CORRECTED.
THE CLIENT AGREES THAT HIS/HER USE OF THIS WEBSITE SERVICE IS AT HIS/HER SOLE
RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH
THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC
DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS
WITH SUCH INFORMATION. IF THE CLIENT RELIES ON THIS WEBSITE OR ON ANY MATERIAL
AVAILABLE THROUGH THIS SERVICE, HE/SHE DOES SO AT HIS/HER OWN RISK.
IN NO EVENT WILL HOUSE OF BLACK FOREST CLOCKS OR THEIR AGENTS BE LIABLE TO ANY
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, “LOSS OF PROGRAMS OR INFORMATION”, LOSS OF DATA, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS, AND THE LIKE) OR
ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON,
OR INABILITY TO USE THIS WEBSITE AND ANY INFORMATION THEREON, EVEN IF HOUSE OF
BLACK FOREST CLOCKS OR THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN THE USER OF THE
WEBSITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR
OTHERWISE OR FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION.
THERE IS NO DUTY NOR OBLIGATION FOR HOUSE OF BLACK FOREST CLOCKS TO EXAMINE
THEIR WEBSITES FOR VIRUSES OR ANY OTHER HARMFUL CONTENT.
(5) CERTAIN JURISDICTIONS LIMIT THE APPLICABILITY OF WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY SO THE ABOVE DISCLAIMERS OF WARRANTY AND LIABILITY MAY
NOT APPLY TO PEOPLE WHO ARE SUBJECT TO SUCH JURISDICTIONS.
7. Privacy Policy
(1) Despite one exception (see (3)), House of Black Forest Clocks does not
collect personal information about the visitor of their website unless the
visitor chooses to provide such information to House of Black Forest Clocks.
(2) However, House of Black Forest Clocks collect and store certain information
automatically.
If the visitor of the website does nothing but browse through the website, read
pages, or download information, House of Black Forest Clocks will gather and
store certain unpersonalized information of the visit automatically. This
information does not identify the visitor personally. House of Black Forest
Clocks automatically collect and store only:
a) date and time of the visitor´s access to the site;
b) the visited pages;
c) if the visitor linked to the website from another website, the address of
that website.
House of Black Forest Clocks use the information to count the number and type of
visitors to the different pages on their site.
(3) This site uses one single cookie on its pages to identify the user and to
enhance the user´s comfort when browsing through the page. Particularly, it
helps the user to come back to neglected orders. The use of only one cookie may
change when the visitor links to a different website.
(4) If the visitor/client chooses to provide House of Black Forest Clocks with
personal information, as in an email, a feedback, or a registration form, House
of Black Forest Clocks will use that information to improve their service or to
respond to a request. House of Black Forest Clocks may forward that information
to their employees. House of Black Forest Clocks will forward that information
to third parties only for purposes that are directly or indirectly connected to
the transaction of the client, e.g. to the customs office, tax office,
accountant, lawyer, bank, credit card company, etc, especially, for reasons of
enforcement or breach of contract.
(5) House of Black Forest Clocks´ website has links to different sites. Please
note: when the visitor follows a link to another website, he/she is no longer on
House of Black Forest Clocks´ website nor protected by their privacy policy. The
client is then subject to the privacy policy of the new website.
8. Jurisdiction and venue, governing law and severability
(1) In the event of a lawsuit, after an attempt to find an amicable solution,
the parties hereby expressly agree on jurisdiction of the commercial court of
Constance/Villingen, Germany, notwithstanding the plurality of the defendants,
introduction of third parties, including emergency proceedings or protective
orders, summary proceedings or petitions.
The parties further expressly agree that the appropriate forum for any disputes
arising out of the use of this website or the order of any good at House of
Black Forest Clocks, or the transactions contemplated hereby shall be the
commercial court of Constance/Villingen, Germany. (2) Any deal, sale ore
contract that is made beetwen a client and House of Black Forest Clocks by means
of distant communication (internet, email, fax, phone, mail etc.) is governed
solely by German law without the German conflicts of law statutes and without
Fernabsatzgesetz for substance as well as form.
(3) If one or several of the provisions of the present gerneral terms of
contract are held to be unenforcable or invalid or are declared as such by
application of law, regulation or a final decision of a court of competent
jurisdiction, the other provisions shall remain in full force and effect.
