General Terms and Conditions for LuxWatchMarket24's CertificationService

Updated: 09/19/2024

1. 1.Scope, Applicability of the General Terms and Conditions of LuxWatchMarket24
   1.1

   These "General Terms and Conditions for the Certification Service of LuxWatchMarket24" (hereinafter "Terms of Service") govern the terms and conditions for the use of the testing and certification services (hereinafter "Services") provided by LuxWatchMarket24 GmbH [Haid-und-Neu-Str. 18, D-76131 Karlsruhe, Germany] (hereinafter "LuxWatchMarket24") for selected watches offered for sale by private sellers on the LuxWatchMarket24 website (hereinafter "Platform"), provided that the customer is a consumer. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

   1.2

   In addition to these Terms of Service, LuxWatchMarket24's General Platform Terms and Conditions and Data Privacy Policy as well as any other policies and guidelines published on LuxWatchMarket24's websites (known collectively and in the latest version as "LuxWatchMarket24 Policies") shall also apply. In the event of any inconsistency or discrepancy between these Terms of Service and the LuxWatchMarket24 Policies, these Terms of Service shall prevail regarding all matters that they expressly govern. For all matters not expressly governed by these Terms of Service, the LuxWatchMarket24 Policies shall apply.General Terms and Conditions

   1.3

   LuxWatchMarket24 does not accept any deviating terms and conditions of the customer. This also applies if LuxWatchMarket24 does not expressly object to the inclusion.
2. 2.Conclusion of the Contract, Contract Language
   2.1

   The presentation of Services on the Platform does not constitute a legally binding offer, but merely an invitation to submit an order (invitatio ad offerendum). Before an order for services is submitted, the content of the order, including the customer's information, is summarized on an overview page. The customer can correct all order information on this page using the fields provided. By clicking on the "Submit order" button, the customer makes a binding offer to LuxWatchMarket24 to conclude a service contract.

   2.2

   If the order is not immediately accepted by an order confirmation, the customer will receive an automated email from LuxWatchMarket24 that confirms receipt of the order by LuxWatchMarket24 and summarizes the details of the order (hereinafter the "Confirmation of Receipt"). This Confirmation of Receipt does not constitute acceptance of the contract. A contract is not concluded until an order confirmation is sent. The customer can save or print these Terms of Service at any time by clicking on the "Save" or "Print" button at the bottom of this page.

   2.3

   The text of the contract is stored after the conclusion of the contract and remains accessible to the customer. The customer can also save and/or print the content of their order immediately after submitting it and view it later at any time in their LuxWatchMarket24 account. Furthermore, LuxWatchMarket24 shall provide the customer with the contractual provisions including these Terms of Service in text form after the customer has placed their order.

   2.4

   The language of the contract shall be German only.
3. 3.Participation Requirements
   3.1

   The Services are only available for selected watches listed for sale by private sellers on the Platform. LuxWatchMarket24 may update the conditions applicable to the watches covered by the Services at any time. Whether or not the Services can be ordered for a specific watch is indicated (among other things) in the description of the item.

   3.2

   In order to book the Services, the customer must have a delivery address in the EU, UK, or USA. LuxWatchMarket24 reserves the right to expand or limit the countries eligible for the Services at any time (with effect for future purchases) at its sole discretion, with or without notice.

   3.3

   The Services can only be ordered for certain watches. The criteria for eligibility can be found at Are sellers obliged to participate in Certified? (hereinafter "Conditions of Participation").
4. 4.Specifications, Consequences for Deviations
   4.1

   LuxWatchMarket24 contracts a verified third-party provider (hereinafter "Third-Party Provider") to perform the Services. By ordering the Services, the customer instructs LuxWatchMarket24 to instruct the seller to send the watch directly to the Third-Party Provider.

   4.2

   The seller then sends the watch directly to the Third-Party Provider, who checks that the eligibility requirements set forth in Section 3.3 have been met. If this is the case, the Services will be performed diligently within a maximum of five (5) business days after delivery to the Third-Party Provider's place of business. As explained in more detail below, the Services include checking whether the watch has been stolen (see Section 4.2.1), checking the watch's functions (see Section 4.2.2), and checking the watch's authenticity (see Section 4.2.3) according to our definition of authenticity. A detailed description of the exact scope of the Services can be found at What is meant by the "watch's authenticity?" .

   1.

   The Theft Check includes cross-referencing the watch's serial number with relevant stolen watch databases (e.g., "The Watch Register," www.thewatchregister.com), to make sure that the watch has not been stolen or otherwise lost by its rightful owner. LuxWatchMarket24 reserves the right to select the relevant database(s) at its own discretion. If the Theft Check shows that the Watch has been stolen or otherwise lost, it will be designated as "potentially stolen." If the Theft Check does not reveal any theft or loss, this does not mean that the watch has not been stolen or otherwise lost by its rightful owner, as any theft or loss may not have been recorded or may be listed in other (unchecked) databases.

   2.

   The Functionality Check of the watch includes checking that the watch's functions (including the function of any complications) correspond to the information provided by the seller in the listing description and, if no information is available, that the watch's functions correspond to what is usual and expected for comparable watches of the same age, make, and model. If this is the case, the watch is said to be "functional." The Functionality Check does not include a check of whether the external condition of the watch corresponds to the information provided by the seller in the listing description.

   3.

   The Authenticity Check involves examining the watch with regard to the following criteria:

   All "Critical Components" (case, case back, movement, and dial) come from the manufacturer of the watch and match the reference number of the watch.

   Not more than two "Key Components" (crown, hands, bezel, and pushers) are non-branded aftermarket parts.

   The watch does not contain aftermarket parts bearing the brand name or logo of the manufacturer.

   4.3

   Depending on the outcome of the Services performed, the following provisions of Section 4.3 shall apply.

   1.

   If the Theft Check (Section 4.2.1) results in the watch being categorized as "potentially stolen," LuxWatchMarket24 will contact the relevant authorities and stakeholders (insurance providers, etc.) to determine how to proceed. The watch will not be shipped to the customer, and the purchase price as well as the price paid for the Services will be refunded to the customer.

   2.

   If theFunctionality Test(Section 4.2.2) reveals that the watch deviates from the seller's description in the original listing, LuxWatchMarket24 will immediately inform the customer thereof in writing and arrange the next steps, including the possible assertion of any contractual rights/claims on the part of the customer.

   3.

   For the Authenticity Check, the following applies:

   4.

   If the watch has not been categorized as "potentially stolen" (Section 4.2.1), no deviations from the listing have been discovered during the Functionality Check (Section 4.2.2), and the authenticity requirements have been met (Section 4.2.3), the watch will be carefully packaged by the Third-Party Provider and securely shipped to the customer.
5. 5.Prices, Payment Conditions, Transportation Risk
   5.1

   The agreed upon price for the Services includes taxes and other price components.

   5.2

   The invoice amount is to be paid into the LuxWatchMarket24 account specified in the order process within five (5) working days after the conclusion of the service contract. The date of receipt of payment is the determining factor. If the invoice amount is not paid on time, LuxWatchMarket24 reserves the right to retain the watch.

   5.3

   LuxWatchMarket24 assumes the transport risk from the seller to the Third-Party Provider and from the Third-Party Provider to the customer, as well as the risk of loss or damage to watches in the custody of the Third-Party Provider.
6. 6.Data Privacy Policy
   6.1

   Information about the collection and processing of personal data with regard
7. 7.Liability
   7.1

   LuxWatchMarket24 does not become a party to the purchase agreement between the seller and the customer by providing the Services. Any liability claims arising from such purchase agreements can only be asserted by the customer against the seller with whom they have concluded a purchase agreement for the respective watch.

   7.2

   LuxWatchMarket24 shall be liable without limitation, on whatever legal grounds, for compensation for damages resulting from a willful or grossly negligent breach of duty committed by LuxWatchMarket24 or by a legal representative or vicarious agent acting on behalf of LuxWatchMarket24.

   7.3

   In the event of an ordinary negligent breach of duty committed by LuxWatchMarket24 or a legal representative or vicarious agent acting on behalf of LuxWatchMarket24, LuxWatchMarket24 shall only be liable without limitation

   for damages from injury to life, limb, or health; and

   for damages resulting from the breach of material contractual obligations. Material contractual obligations are those which are essential to the proper performance of the contract and upon which the customer may reasonably rely. In these cases, however, the liability of LuxWatchMarket24 shall be limited to the amount of damage typical for the contract and foreseeable at the time of the conclusion of the contract.

   7.4

   The limited liability in Section 7.3 does not apply insofar as LuxWatchMarket24 has maliciously concealed a defect, has assumed a guarantee of quality, or assumed a procurement risk subject to compensation. In addition, any compelling statutory liability, in particular any arising from the German Product Liability Act, remains unaffected.

   7.5

   Where LuxWatchMarket24's liability is excluded or limited, this exclusion or limitation shall also apply to any personal liability of LuxWatchMarket24's bodies, legal representatives, employees, staff, and vicarious agents.
8. 8.Customer's Right of Withdrawal
   8.1

   The customer, insofar as they are a consumer (Section 1.1), has the right to withdraw from the purchase agreement under the conditions laid out below.

   Cancellation Policy

   Return Policy

   You have the right to cancel this contract within 14 days without specifying a reason.

   The cancellation period is 14 days from the date the contract was concluded.

   In order to exercise your right of withdrawal, you must send a clear statement of your decision to cancel this contract (e.g., a letter sent by post, fax, or email) to LuxWatchMarket24 GmbH, Haid-und-Neu-Str. 18, D-76131 Karlsruhe, Germany, fax: +49 721 480889-88, email: info@LuxWatchMarket24.com. You may use the sample cancellation form below, but other formulations are also acceptable.

   To comply with the cancellation period, you must send your notice of cancellation before the end of the cancellation period.

   Consequences of Cancellation

   If you cancel the contract, we will refund all payments we received from you, including delivery costs (except for any additional costs, if you selected a different mode of delivery than the cheapest standard delivery we offered). The refund will be made promptly and at the latest within 14 days from the date we received your cancellation notice. The amount will be refunded via the same means of payment you used in the original transaction, unless expressly agreed otherwise with you. You will not incur any fees in connection with this refund. If you have requested that performance of the Services commence during the cancellation period, you must pay us a reasonable amount equal to the proportion of the Services that have already been performed up to the time you notify us of your intention to cancel in relation to the total scope of the Services provided under the Terms of Service.

   Sample Cancellation Form

   (If you wish to cancel the contract, please complete this form and send it back to us.)

   To:

   LuxWatchMarket24 GmbH, Haid-und-Neu-Str. 18, D-76131 Karlsruhe, Germany, fax: +49 721 480889-88, email: info@LuxWatchMarket24.com

   I/we (*) hereby cancel the contract I/we concluded (*) for the provision of the following service (*)

   Ordered on (*)

   Name(s) of the consumer(s)

   Address(es) of the consumer(s)

   Signature(s) of the consumer(s) (only for statements made in paper form)

   Date

   (*) Please delete or strike through what does not apply.
9. 9.Final Provisions
   9.1

   The laws of the Federal Republic of Germany shall apply for the services and all legal relationships between LuxWatchMarket24 and the customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if:

   the customer's permanent residence is in Germany, or

   the customer's permanent residence is in a country outside the European Union.

   9.2

   In the event that the customer has their habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which the customer has their habitual residence shall remain unaffected.

   9.3

   If any provision of these Terms of Service is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. In accordance with Section 306(2) of the German Civil Code, any provisions that are void or inapplicable will be regulated by statutory law. If statutory law is not applicable in the specific case (loophole) or would lead to an unreasonable outcome, the parties will enter into negotiations to replace the void or inapplicable provision with a valid provision.

   9.4

   LuxWatchMarket24 reserves the right to modify the Services with effect for future purchases, temporarily suspend, and/or permanently discontinue the Services.

   9.5

   The European Commission operates a platform for online dispute resolution at https://www.ec.europa.eu/consumers/odr . Our email address is info@LuxWatchMarket24.com .

   9.6

   LuxWatchMarket24 points out that LuxWatchMarket24 is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.