Terms & Conditions
1. Scope of Application
1.1. Watcholdtimes, represented by Matthias Wrage, Lilienstraße 11, 20095 Hamburg, Germany, offers customers solely used, high quality, watches for sale, also via the URL: www.watcholdtimes.de.
1.2. The following General Terms and Conditions, in the version valid at the time of the order placement, are applicable to any business relationship between Watcholdtimes and the customer. Any deviating Terms and Conditions of a buyer / customer will not be recognised unless agreed in writing by Watcholdtimes.
All Watcholdtimes offers are without obligation and are intended to solicit a bid in order to facilitate a sales contract.
3. Price, Payment Terms, Payment Date
3.1. Watcholdtimes expressly draws attention to the fact that the sale of the used merchandise under any sales contract will be subject to differential VAT taxation according to § 25a UStG. The VAT shall not be disclosed separately on the invoice.
3.2. Shipment of the ordered goods will take place only after payment in full has been received for both the goods and the individual shipping costs (see also 5.3)
3.3. Watcholdtimes only accepts full payment in advance (pre-payment) or cash payment upon collection at its premises.
3.4. Upon conclusion of a sales contract, Watcholdtimes shall invoice to customer the full purchase price of the order, including individual shipping costs (see 5.3) as a single, all-inclusive price.
4. Right of withdrawal for Watcholdtimes in the case of late payment by the customer
4.1. Should the customer fail to fulfil his payment obligations within ten business days, Watcholdtimes is entitled to withdraw from the contract of sale without further notification or renewed deadlines.
4.2. Such withdrawal from a sales contract on the part of Watcholdtimes shall generally be communicated in writing via email.
5. Delivery, Shipping Costs, Transfer of Risk
5.1. Watcholdtimes will deliver the purchased goods immediately after receipt of full payment by shipment to the address specified by the customer.
5.2. For security reasons deliveries will only be carried out between Monday and Thursday.
5.3. Shipping costs are borne by the customer. The type of shipping shall be individually agreed between Watcholdtimes and the customer upon conclusion of the sales contract and shipping fees will be invoiced accordingly. The amount of shipping fees will depend on the type of shipment as determined by the customer in agreement with Watcholdtimes. Any preferences with respect to shipping must be entered by the customer together with the bidding offer referred to in 2. above.
5.4. If the customer so desires, the purchased goods can also be collected at a previously arranged location and time.
5.5. Any shipment shall always be insured, packaged properly and with due care.
5.6. Should the customer be a consumer in accordance with § 13 BGB (e.g. a natural person not acting in a commercial capacity), the transfer of risk takes place upon delivery of the goods, i.e. Watcholdtimes bears the risk of shipment. Delivery will be deemed to have taken place even if the customer is late in collecting the merchandise. Should the customer be a company in accordance with § 14 BGB acting in a commercial capacity, the transfer of risk shall occur when the goods are handed to with the forwarding agent, carrier or any other company or person entrusted with the dispatch of the merchandise for transport and delivery.
6. Damage during Transport
Any damage incurred during transport should be reported immediately to the transport agency or carrier. In case of complaints or reclamations, the customer is required to provide an accurate written description of the damage or defect to Watcholdtimes within 3 days of receipt of the goods.
7. Right of Withdrawal, Return Charges
Instructions on Revocation Rights
Consumers within the meaning of § 13 BGB are entitled to a right of withdrawal and may withdraw from the sales contract within 14 days by written notice (letter or email) without obligation to specify any reasons. Should the merchandise already be in his possession prior to expiry of the deadline referred to above, the customer may withdraw by prompt return of the merchandise.
The term period commences upon receipt of these written instructions, not, however, prior to the merchandise reaching the recipient (and, in the case of a recurrent deliveries of similar items, not prior to reception of the first partial delivery) and not prior to fulfilment of the disclosure obligations according to Article 246 § 2 in connection with § 1 and 2 EGBGB, as well as other obligations according to § 312g Article 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB.
The revocation should be addressed to:
via email to: firstname.lastname@example.org
Legal Consequences of Revocation:
In the case of an effective cancellation of the contract, the products, considerations and benefits received by both parties must be returned or cancelled and any secondary benefits derived therefrom (e.g. interest) must be reimbursed.Should the customer not be able to return the received merchandise or benefits, including benefits from utilization), whether in part or not at all, or in a deteriorated condition, the customer will then be required to reimburse Watcholdtimes.
Such obligation to reimburse may include payments contractually scheduled for the period until revocation
Reimbursement for deterioration or benefits obtained of the merchandise is limited to such cases where such deterioration or such benefits have occurred in the course of handling the merchandise beyond the mere inspection of its features and functions. “Inspection of features and functions” shall be deemed to be such testing and examination of the respective merchandise as is common and appropriate when doing so done in a shop.
For the avoidance of doubt, any opening of the watch (or watch casing) itself shall explicitly not be deemed an inspection of features and functions.
In case of an effective revocation, Watcholdtimes shall, at its own expenses, instruct an appropriate transport agency with the collection of the merchandise from the customer. Watcholdtimes shall provide the customer with the relevant instruction details separately via email.
End of Instructions on Revocation Rights
8. Warranty, Liability, Damages
8.1. Where used merchandise is purchased by commercial entities, any liability for faults ort deficiencies of these goods is excluded.
8.2. Purchasers who are end-users cannot claim for damages or compensation in the case of faults or deficiencies.
8.3. Accuracy, waterproofing / water resistance, wear of the (wrist) band and general wear and tear (scratches on the (wrist) band or casing) of the used goods are excluded from any warranty for faults or deficiencies, unless otherwise specified in the product description provided by Watcholdtimes.
8.4. Watcholdtimes shall not liable for defects or deficiencies to the goods caused by improper handling on the part of the buyer or any third parties. This shall also apply to general wear and tear.
8.5. Any removal of (identification) labels, stickers and other components required for proper identification of the goods shall result in an immediate loss of entitlement to warranties of any kind.
8.6. Any warranties for defects and deficiencies shall also be immediately null and void if the customer or a third party attempts to repair, change or otherwise modify the goods themselves.
8.7. Any exclusion or limitation liability shall not apply in the case of intentional or gross negligence on the part of the seller and his legal representatives or assistants, neither in the case life-threatening injury, physical injury, or harm to the health of the customer, neither for breach of contract by the seller and his legal representatives or assistants, and neither for guaranteed features or warranted properties. Compensation for violation of concrete contractual obligations is, however, limited to generally accepted and foreseeable damages common under or typical for such contracts.
9. Procurement Risk
Watcholdtimes does not assume any procurement risk and retains the right to cancel the contract of sale if Watcholdtimes is, through no fault (wilfulness or negligence) of their own, unable to procure the agreed merchandise from its suppliers or manufacturers.
10. Offset Payments, Withholding Rights
10.1. Any offset of counterclaims shall be limited to such cases where such counterclaims have been legally established or are undisputed by Watcholdtimes.
10.2. A customer is only entitled to any right of lien to the extent that his counterclaim is based on the same contractual relationship.
11. Data Protection
Watcholdtimes shall comply with all regulations governing data protection. Watcholdtimes only uses personal data to the extent necessary for relevant technical purposes, for example for the processing of sales contracts. Any collected data shall in no way be used outside of Watcholdtimes, sold or otherwise be passed on to third parties, unless specifically required for the contract of sale. Watcholdtimes collects, processes and uses personal data of the user without further permission to the extent required to complete the contract of sale and invoicing/payment processes. Watcholdtimes collects and automatically saves information from the customer browser in its server log files. These include browser type and version, operating system, referrer URL, host name of the computer accessing the Watcholdtimes server and the time of the server request. Watcholdtimes will not associate or relate these data with data from other sources. In addition, the data is deleted immediately after a statistical analysis has been completed. Following completion of the sales contract and full payment thereof, customer data is stored only to comply with tax and commercial retention periods, but deleted upon expiry of the relevant periods unless the customer has indicated otherwise. Upon request, Watcholdtimes will provide the customer with information on all of his stored personal data. This information will be provided in text format (letter or e-mail).
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12. Governing Law, Jurisdiction
12.1. These Terms and Conditions shall be subject to German law only under exclusion of the regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2. Where the customer is a dealer or merchant, a legal entity under public law, or a legal entity or public fund under public law without domestic jurisdiction, any direct or indirect disputes arising from contractual relationships that cannot be settled amicably shall be brought before the courts of Hamburg.
12.3. In the case of any doubt with respect to the meaning or interpretation of these Terms and Conditions, the German language form of these Terms and Conditions shall prevail.