CHRONEXT AG – General Terms and Conditions of CHRONEXT Service Germany GmbH for the Acquisition of watches
(AS OF 12.07.2024)
§ 1 - Scope of application
These General Terms and Conditions for the Acquisition of Watches (hereinafter: GTC) apply to all contracts concluded between the
CHRONEXT Service Germany GmbH
Leitradlofts, Lichtstr. 25
50825 Cologne
Cologne, Germany
support@chronext.com
Phone: +49 221 9825 9056
(hereinafter referred to as CHRONEXT)
and the seller of the watch purchased by CHRONEXT (hereinafter: Customer). The GTC apply regardless of whether the Customer is a consumer or entrepreneur.
§ 2 - Establishment of contact and conclusion of the contract
2.1 If the Customer wishes to sell one or more watches to CHRONEXT, he/she contacts CHRONEXT via the website https://www.chronext.de/verkaufen to provide details of the watch in question.
2.2 As soon as the Customer has provided the necessary information about the watch, such as manufacturer, model, age and condition of use, CHRONEXT will review whether the watch is eligible for acquisition.
2.3 CHRONEXT shall send the Customer an offer of the acquisition price by e-mail. The e-mail contains a link that redirects the Customer to the CHRONEXT website, where the Customer can accept or reject the offer. If the Customer accepts the offer, a purchase contract is concluded between the parties and the Customer is asked to provide their billing address and bank details.
2.4 If the Customer has accepted the offer, CHRONEXT will organize the shipment of the watch in coordination with the Customer. CHRONEXT shall bear the costs of shipping by courier and shall agree the collection date with the Customer at the collection address specified by the Customer beforehand. This does not apply if the inspection of the watch (see 2.5. below) reveals that the information provided by the Customer about the watch to sell is incorrect or there are doubts about the authenticity of the watch; in this case, the Customer bears the costs of shipping, the inspection process and the return shipment. CHRONEXT shall take out transport insurance for the shipment and return of a watch. The Customer is registered as the beneficiary in the event of loss or damage to the watch. Payment in the event of loss of a watch is regulated in section 5. CHRONEXT will confirm receipt of the watch in text form (e-mail is sufficient) no later than three days after receipt. The Customer is entitled to hand over the watch to CHRONEXT's boutique.
2.5 The watch will be inspected by CHRONEXT watchmakers within 14 days. The Customer agrees that CHRONEXT may photograph the watch for inspection, open it and subject it to various tests (e.g. water resistance test, accuracy test). It is the Customer's responsibility to assess whether any manufacturer's warranty is invalidated by opening the watch in accordance with the manufacturer's contractual conditions and to make inquiries in this regard. CHRONEXT shall not be liable for any damage caused by the manufacturer's warranty being invalidated by testing the watches.
2.6 If the inspection of the watch in accordance with section 2.5. shows that the acquisition price is too high due to a significant deviation in condition, CHRONEXT is entitled to withdraw from the purchase contract concluded within a further 14 days from the conclusion of the inspection. In this case, CHRONEXT shall either contact the Customer in order to reach an agreement on the acquisition price and then send an amended offer or return the watch to the Customer within a further 14 days of the notification of withdrawal. CHRONEXT shall bear the costs of the return shipment, unless the Customer has provided incorrect information about the watch or there are doubts about the authenticity of the watch. In this case, the Customer shall bear the costs of the shipment to CHRONEXT, the inspection process and the return shipment.
§ 3 - Warranty/assurance of the Customer
The Customer warrants and represents that the information provided in accordance with section 2.1 is correct, that the watch is genuine, that no spare parts have been fitted, that the Customer is the legal owner, that the Customer is not subject to any restrictions in the exercise of the ownership of the watch and that the sale of the watch does not violate any applicable law (e.g. because the strap is made of the leather of a protected animal species and was therefore imported in violation of applicable law).
§ 4 - Due date of the acquisition price
The agreed acquisition price is due for payment 30 days after receipt of the watch by CHRONEXT.
§ 5 - Transport insurance and delivery conditions
5.1 CHRONEXT shall take out transport insurance for the shipment and return of a watch. The Customer shall be registered as the beneficiary in the event of loss of or damage to the watch. The insurance only applies if the shipment is made via the transport service provider specified by CHRONEXT using the shipping label provided by CHRONEXT without any changes.
5.2 CHRONEXT shall take out insurance for the purchase price for the shipment to CHRONEXT in accordance with section 2.3. following the valuation of the watch. In the event of loss or damage to the watch, the amount paid out to the Customer shall be based on this amount.
5.3 CHRONEXT shall take out insurance for the estimated and potentially adjusted acquisition price for any return shipment after internal inspection of the watch. In the event of loss or damage to the watch, the amount paid out to the Customer will be based on this amount. In the event that there are doubts about the authenticity of the watch after inspection, the return shipment is not insured.
5.4 In the event that a watch is lost during transportation, CHRONEXT will arrange for an investigation to be carried out by the contracted transport company immediately after becoming aware of the potential loss. An investigation will take at least 30 working days. The amount paid to Chronext by the insurance company and due to the Customer will be transferred to the customer within 30 days. The Customer is informed that the insurance company may request an affidavit confirming that the shipment has been made. If a requested affidavit is not submitted, the insurance company will refuse to pay the insurance benefit. In the event of refusal to provide the requested affidavit, CHRONEXT shall not be obliged to make any compensation payment to the Customer.
5.5 If the transportation company returns the dispatched goods to CHRONEXT because it was unable to deliver them to the Customer, the Customer shall bear the costs of the unsuccessful dispatch. This shall not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the service offered, unless CHRONEXT had notified the Customer of the service a reasonable time (at least 48 hours) in advance.
§ 6 - Liability
6.1 CHRONEXT's liability is limited as follows:
CHRONEXT shall be liable for intent and gross negligence in accordance with the statutory provisions. In other cases - unless otherwise regulated in section 6.2 - only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, CHRONEXT's liability is excluded, unless stipulated otherwise in section 6.2. The limitations of liability shall apply accordingly in favor of CHRONEXT's employees, agents and vicarious agents.
6.2 The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability for the assumption of a guarantee and under the Product Liability Act shall also remain unaffected.
§ 7 - Prohibition of set-off between entrepreneurs
The Customer, who is not a consumer, may only offset claims by CHRONEXT or assert a right of retention if its counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the claim in question.
§ 8 - Final provisions
8.1 Should individual provisions of these GTC be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining GTC.
8.2 Deviating terms and conditions of the Customer shall not become part of the contract even if CHRONEXT does not expressly object to their validity.
8.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer is a consumer and has his habitual residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
8.4 If the Customer is an entrepreneur or has no general place of jurisdiction in Germany or in another EU member state, has moved his permanent place of residence abroad after these GTC come into effect or if his place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction shall be Cologne. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
8.5 Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. CHRONEXT is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
8.6 Only the German version of these GTC shall prevail. Any translations into other languages merely serve to improve comprehensibility for CHRONEXT's Customers.