General terms and conditions.
Each HerzWerk watch is created as an individual commission. Orders are confirmed directly and are only secured once the agreed deposit or full payment has been received.
Commission Terms
At HerzWerk – Watchmaking, each watch is created as an individual commission, made with care, precision and close attention to the customer’s vision.
The following terms apply to all commissions placed with HerzWerk – Watchmaking, operated by Martin Honermann.
1. Nature of Our Work
Every watch is made individually and primarily to customer specification.
The watches, photographs, examples and references shown on this website are intended to illustrate the character and style of HerzWerk – Watchmaking. They do not constitute a binding offer.
Each commissioned piece is defined by the specifications agreed directly between HerzWerk – Watchmaking and the customer in writing.
2. Placing a Commission
Commissions are arranged through direct communication, usually by email.
A commission becomes binding only once the requested details have been agreed in writing and confirmed by HerzWerk – Watchmaking.
A commission is only considered secured and scheduled for production once the agreed deposit or full payment has been received. Until then, no production slot, completion estimate or allocation of parts can be guaranteed.
3. Bespoke Character
Each watch is handmade and produced as an individual piece.
For that reason, minor variations may occur as part of the natural character of handcrafted work. Such variations do not constitute a defect, provided the finished watch substantially reflects the agreed design, specification and overall character of the commission.
4. Pricing and Payment
Pricing is determined individually for each commission.
Unless agreed otherwise in writing, a deposit is required before work begins. The remaining balance is due before shipment or upon completion, as specified for the individual order.
Any changes requested after confirmation may result in additional cost and revised lead times.
Shipping costs, customs duties, import taxes, local VAT, transfer fees and similar charges remain the responsibility of the customer unless expressly agreed otherwise.
5. Changes to a Confirmed Commission
Requests for changes after confirmation are subject to review and approval.
Where changes remain possible after work has begun, they may affect price and timing. Materials, components or labour already committed to the original commission may be charged where they cannot reasonably be reused.
6. Cancellation
As each watch is created as an individual commission, cancellation after confirmation may give rise to costs.
If a commission is cancelled after work has started, HerzWerk – Watchmaking reserves the right to charge for work already performed, time already invested, and materials or components already ordered, reserved, modified or completed for that commission.
Any such charges will be assessed fairly and in accordance with applicable law.
7. Custom-Made Pieces and Withdrawal
Watches commissioned through HerzWerk – Watchmaking are generally made to the customer’s individual specification and are not prefabricated.
For this reason, commissions for custom-made watches are generally excluded from any statutory right of withdrawal or cancellation to the extent permitted by applicable law.
This does not affect the customer’s statutory rights in the event of defects.
8. Lead Times and Delivery
Any lead times or completion estimates provided by HerzWerk – Watchmaking are indicative unless expressly confirmed as binding in writing.
Delays caused by circumstances beyond reasonable control — including supplier delays, material shortages, transport issues, customs procedures or force majeure — shall not constitute a breach of contract.
9. Warranty and Defects
Statutory warranty rights apply.
Minor deviations arising from handcrafted production, natural material characteristics, technical tolerances or customer-approved design choices do not constitute a defect, provided the watch substantially conforms to the agreed specification.
HerzWerk – Watchmaking is not responsible for damage resulting from improper use, accidental damage, unauthorised modification, normal wear, or servicing by third parties.
10. Shipping and Import Responsibilities
For consumers, risk passes upon delivery in accordance with applicable law.
For business customers, risk passes upon handover to the shipping provider.
For international deliveries, the customer is responsible for any customs duties, import taxes, clearance fees or similar charges in the destination country unless expressly agreed otherwise.
11. Retention of Title
Each watch remains the property of HerzWerk – Watchmaking until full payment has been received.
12. Designs and Intellectual Property
All sketches, concepts, drawings, technical documents, photographs and design materials created in the course of a commission remain the intellectual property of HerzWerk – Watchmaking unless expressly agreed otherwise in writing.
13. Applicable Law
These Commission Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a consumer residing outside Germany, mandatory consumer protection provisions of the customer’s country of residence may still apply where required by law.
14. Final Provision
Should any provision of these Commission Terms be held invalid or unenforceable, the remaining provisions shall remain unaffected.
