Terms of Guarantee from LuxWatchMarket24 GmbH for Certified Watches ("Partner Certified")
Updated: 09/19/2024
- 1.Validity1.1LuxWatchMarket24 guarantees to the Customer in accordance with the following provisions that the watch (hereinafter "Watch") delivered to the Customer is authentic (hereinafter "Guarantee").1.2A Watch is considered authentic if the following three requirements are met (hereinafter "Requirements of Authenticity"):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 "Main Components" (crown, hands, bezel and pusher) are non-branded aftermarket parts.The Watch does not contain aftermarket parts bearing the brand name or insignia of the manufacturer.1.3The Guarantee shall be valid for a period of thirty (30) days and begins on the date the Certificate is issued (hereinafter "Guarantee Period"). The Guarantee does not affect the Customer's statutory warranty rights against the Seller.1.4The Guarantee is not transferable to third parties.
- 2.Guarantee Conditions2.1Claims under this Guarantee immediately become void, ifthe Watch has been sold to a third party;the Watch's Critical Components or Main Components have been altered, replaced, or removed; orthe serial number has been removed or rendered unrecognizable.
- 3.Assertion of Guarantee Claims3.1A claim under this Guarantee from the Customer against LuxWatchMarket24 (hereinafter "Guarantee Claim") requires that the Customer, during the Guarantee Period, notifies LuxWatchMarket24 without undue delay once they becomes aware of facts which indicate that the Watch is not authentic.3.2The notification – which has to include a copy of the Certificate – must be made by email to the following address: support@LuxWatchMarket24.com. LuxWatchMarket24 may require the use of a specific form provided to the Customer for this purpose.3.3Following notification and agreement with LuxWatchMarket24, the Customer shall, in order to verify the Guarantee Claim, the Customer shall have the Watch checked by a watchmaker certified by the manufacturer of the Watch or an authorized dealer (hereinafter "Assessment Entity") in order to assess whether the watch is indeed not authentic (hereinafter "Assessment Works"). The Assessment Entity shall list the affected parts (which are not original) and document them with photos (hereinafter "Assessment Documents"). The Customer shall then provide LuxWatchMarket24 with the Assessment Documents.3.4The Assessment Works shall include a visual inspection only. Should the Assessment Entity decide that it needs to open the Watch to conduct the Assessment Works, the Customer shall ask for the prior approval of LuxWatchMarket24.3.5LuxWatchMarket24 is free to decide on the basis of the Assessment Documents whether the Guarantee Claim is justified. However, LuxWatchMarket24 is not bound by the findings of the Assessment Documents and reserves the right to assess the Watch itself or have it assessed by third party independent of LuxWatchMarket24.3.6If LuxWatchMarket24 decides that the Guarantee Claim is justified based on the Assessment Documents (hereinafter "External Assessment"), or if LuxWatchMarket24 decides that it wants to assess the Watch itself (hereinafter "Internal Assessment"), the Customer must send the watch to LuxWatchMarket24 (LuxWatchMarket24 will provide a shipping label for this purpose).
- 4.Guarantee Services; No Further Claims4.1If the Guarantee Claim is justified based on the Internal Assessment or the External Assessment (hereinafter "Justified Guarantee Claim"), LuxWatchMarket24 shall at its own discretion either (i) reimburse the full purchase price for the Watch, or (ii) – if possible – repair the Watch so that it meets the Requirements of Authenticity and – in both cases – reimburse the reasonable costs for the Assessment Works (cf. Section 3.3) to the Customer (hereinafter "Guarantee Payment") upon (a) receipt of the Watch (in case of an External Assessment) or (b) completion of the Internal Assessment. Any payments already made by the Seller to the Customer as a result of the circumstances giving rise to the Guarantee Claim (e.g., as a result of the Customer's warranty rights) shall be credited against the Guarantee Payment. The Customer is obliged to inform LuxWatchMarket24 of any such payments.4.2Upon receipt of the Guarantee Payment, the Customer irrevocably assigns to LuxWatchMarket24 all claims against the Seller and/or third parties (e.g., insurance providers) with regard to the Watch. LuxWatchMarket24 hereby accepts this assignment.4.3If Guarantee Claims are asserted and the Internal Assessment – if applicable – reveals that the Watch is indeed authentic or that the Guaranty Claim does not exist for any other reason, LuxWatchMarket24 is entitled to charge a service fee corresponding to the hours spent on the Internal Assessment. This does not apply if the Customer proves that the circumstances prevented them from recognizing the Guarantee Claim.4.4Claims by the Customer against LuxWatchMarket24 other than the Guarantee Claim, in particular claims for damages, are excluded. The Guarantee does not affect the Customer's contractual statutory warranty rights against the Seller. The Customer is entitled to assert these rights against the Seller free of charge and independently of this Guarantee.
- 5.Statute of Limitations5.1Notwithstanding Section 3.1, Guarantee Claims arising during the Guarantee Period shall expire twelve (12) months from the end of the year in which the respective Guarantee Claim arose and the Customer became aware or should have become aware of the circumstances giving rise to the Guarantee Claim.
- 6.Miscellaneous6.1Should any provision of these Terms of Guarantee be or become invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions of these Terms of Guarantee shall remain unaffected.6.2This Guarantee is subject to the laws of the Federal Republic of Germany.
