Terms and Conditions

Please note that this is a translation of our German Platform Terms and Conditions. Our Platform Terms and Conditions only apply as defined in the German version.

I. Standard business terms

§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Zeitauktion GmbH) via the www.zeitauktion.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products and/ or the provision of repair services.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:The products and/ or repair services intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Provision of services in case of repairs
(1) Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that follow from the service description. We shall provide these services in all conscience, either personally or through an external party.
(2) You are obligated to cooperate. In particular, you have to describe the defect affecting the device as extensively as possible and make the defective device available.
(3) You shall have to bear the costs of sending us the defective device.

§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The reduction in time-limit does not apply:
-       to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
-       insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.

(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
-       to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
-       insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
-       to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
-       for statutory recourse claims, which you have against us in connection with warranty rights.

§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information


1. Identity of the seller
Zeitauktion GmbH
Oberfrohnaer Straße 66
09117 Chemnitz
Germany

Telephone: +49 (0) 371 - 240 896 10
E-Mail: shop@zeitauktion.com

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.

2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation. If you are a businessman, the delivery and shipping operations take place at your own risk.

7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business

(Part I).

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

last update: 07.12.2017


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III. Zeitauktion GmbH's General Terms and Conditions for the Procurement Service

1. Scope and Contract Partner
1.1. The general terms and conditions for the procurement service apply to the use of the procurement service offered both on the Chrono24 online marketplace and on the online shop operated by Zeitauktion GmbH (hereinafter "Zeitauktion" or "buyer") to consumers (hereinafter "user" or "seller") to sell their watches. Zeitauktion thus offers the user the possibility to sell a watch on their online shop zeitauktion.com and the online marketplace chrono24.com (as well all other domains, e.g. chrono24.de).
1.2. The procurement service is intended solely for private consumers. Zeitauktion does not purchase watches from professional dealers within the scope of the procurement service. In this context, the term private consumer shall be understood under its legal definition as any person who enters into a transaction for purposes that are primarily unrelated to their profession, whether this be in a commercial capacity or arising from an independent professional activity.
1.3. The seller's contract partner is:

Zeitauktion GmbH
Oberfrohnaer Straße 66
09117 Chemnitz
Germany
Phone: +49 371 33423410
Fax: +49 37133423420
Email: shop@zeitauktion.com
1.4. The seller accepts the general terms and conditions for the procurement service upon the first and any subsequent use of the procurement service, whether this be via the online shop or the marketplace.

2. Procurement Process, Conclusion of the Contract, and Shipping

2.1. Zeitauktion provides the user with an online form on the websites mentioned above.
(1) If using the online shop, the user selects "Sell Watches."
(2) In order to sell a watch on the marketplace, the user must first create an account on Chrono24 and agree to the General Platform Terms and Conditions of Chrono24 GmbH. The user can begin the procurement process by navigating to "Sell a watch" and then "As a Private Seller." After entering the relevant watch model in the text field, the user is taken to the form by selecting "Sell Your Watch to Chrono24."
2.2. The seller must provide information about the watch in the mandatory fields (e.g., brand, model, scope of delivery, etc.) and upload photos of the watch and any accessories (e.g. box and papers). The seller must also provide their contact details. The buyer sends a non-binding offer to the seller on the basis of the information provided.
2.3. The seller shall be able to access the general terms and conditions for the Procurement Service via a link in the form. The seller agrees to these conditions by continuing the process (clicking "Request an offer").
2.4. If the seller is using the online shop, they will receive a confirmation email. If the seller is using the marketplace, they will receive a message in their Chrono24 account.
2.5. After the request for an offer is transmitted, the buyer assesses the watch on the basis of the information and photos provided by the seller. Zeitauktion then sends the seller a non-binding price suggestion for the watch within 1 to 3 business days via email or a message to their Chrono24 account.
2.6. The seller can accept or reject the non-binding price suggestion they receive.
(1) If the seller rejects the offer, the sales process ends.
(2) By accepting the non-binding price suggestion, the seller agrees to sell the watch to the buyer under the stipulated conditions. The buyer shall inform the seller that their acceptance of the preliminary, non-binding price suggestion does not constitute the conclusion of a contract.
(3) When accepting the price suggestion, the seller submits their personal information again and selects how they would like to receive the payment (wire transfer or PayPal), indicating their bank account number or PayPal email address.
2.7. The following shall happen once the seller accepts the preliminary, non-binding price suggestion:
(1) The seller receives instructions from Zeitauktion on how to ship the watch securely, as well as a shipping label. The seller shall undertake to fully comply with these instructions when shipping the watch. The seller can have UPS pick the watch up for shipment or ship the watch themselves. If the seller opts to ship the watch themselves, they must drop it off at a UPS Customer Center. The watch must be shipped within 14 days. The buyer shall bear the costs of shipping and sufficient insurance for the watch. The buyer hereby expressly states that the seller may be liable for damages in the event of the loss of or damage to the watch as a result of non-compliance with the specified shipping process.
(2) The seller receives a procurement form. The buyer will have already filled out most of this form in advance. The seller agrees to sign and date the form and to either include it in the shipment or to send a digital copy to the buyer.
2.8. With the shipment, the seller makes a binding offer to Zeitauktion for the sale of the watch under the conditions laid out in the original offer (see paragraph 2.6). The offer is valid for 14 days from receipt by Zeitauktion. The buyer is not obliged to accept the offer and may reject it without stating any reason. If the offer is accepted by selecting "Accept offer," a sales contract is concluded between the seller and the buyer under the previously agreed conditions.
2.9. Upon receipt, Zeitauktion will arrange for the watch to be inspected by a professional.
(1) In the event of adverse deviations between the seller's description and the actual condition of the watch, or if defects and/or malfunctions come to light, Zeitauktion is entitled to make the seller an offer at a lower price (hereinafter the adjusted offer) or to reject the offer, stating the reason.
(2) Zeitauktion shall consider itself bound to the adjusted offer for five days. The seller may reject the offer without stating any reason. If the seller accepts the offer, a sales contract is concluded between the parties under the newly agreed conditions.
2.10. If a contract is concluded under paragraphs 2.8 or 2.9, Zeitauktion shall transfer the agreed purchase price to the seller's chosen payout method (to their bank account or PayPal) within 1 to 5 business days.
2.11. If no contract is concluded under paragraph 2.8 or 2.9, Zeitauktion will return the watch and assume the costs for the shipment and appropriate insurance to the address provided by the seller within 1 to 3 business days following rejection of the offer.
2.12. The seller shall not be entitled to a right of revocation. The buyer hereby explicitly states that in the case of a sale by the consumer, unlike in the case of a sale to the consumer, there is generally no right of revocation.

3. Seller's Obligations

3.1. The seller guarantees that they were the rightful owner of the watch at the time of the sale and that no third parties have any entitlement to the watch.
3.2. The seller guarantees that the watch is authentic and that all components are original parts.

4. Liability for Defects and Damages

4.1. Liability for defects and damages shall be determined in accordance with the statutory provisions, unless otherwise stipulated in these General Terms and Conditions for the procurement service.
4.2. Zeitauktion shall not be liable for slightly negligent breaches of obligations that are not essential contractual obligations, i.e., obligations whose fulfillment is necessary for the proper execution of the contract and on which the contractual partner may rely.
4.3. For damages caused by authorized agents, in particular partners, the above limitations of liability apply mutatis mutandis. Zeitauktion shall not be liable for the actions of users or other third parties. Such third parties also do not act as vicarious agents of Zeitauktion.
4.4. Zeitauktion's liability for willful intent, gross negligence, personal injuries, and liability under mandatory statutory provisions remains unaffected by the above limitations of liability.

5. Indemnity Clause

5.1. The user shall indemnify Zeitauktion and its employees from all claims in the event that claims are asserted on account of alleged or actual statutory violations in connection with the user's use of the procurement service upon the first request to do so.
5.2. The user shall undertake to reimburse all and any costs incurred by Zeitauktion through claims made against it by third parties. Reimbursable costs shall also include the costs of appropriate litigation and legal defense, which Zeitauktion may incur in defending third-party claims.

6. Final Provisions

6.1. If the provisions of these General Terms and Conditions for the Procurement Service conflict with the provisions of other general terms and conditions, such as Chrono24 GmbH's general platform terms and conditions or the general terms and conditions of Zeitauktion, the general terms and conditions for the procurement service shall take precedence.
6.2. If one or more provisions of these contractual provisions are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.
6.3. The law of the Federal Republic of Germany shall apply with the exclusion of substantive uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law remain unaffected. In particular, the choice of law must not result in depriving the consumer of the protection that would be otherwise be granted to them without the choice of law by the mandatory provisions in the country of their habitual residence.