LuxWatchMarket24 GmbH - Private Seller Terms and Conditions of Business

Status: 15 May 2023

1.Scope of validity
1.1
LuxWatchMarket24 GmbH, Haid-und-Neu-Str. 18, D-76131 Karlsruhe (hereinafter 'LuxWatchMarket24') is the operator of online marketplaces (e.g. LuxWatchMarket24) (hereinafter 'Platform'). The following 'Private Seller Terms and Conditions of Business' apply for the publication of offers from private dealers ('Private Sellers') on Platforms provided by LuxWatchMarket24 and also for the use of the Escrow Service.
1.2
A pre-requisite for any registration as a Private Seller is the creation of a user account ('myLuxWatchMarket24') and consent to the General Terms and Conditions for LuxWatchMarket24. The Private Seller Terms and Conditions of Business apply in addition to the General Terms and Conditions for the Platform for the Platform. Should there be any discrepancy between these Private Seller Terms and Conditions of Business and the for the Platform , the Private Seller Terms and Conditions of Business shall apply.
1.3
You can retrieve and print out the currently valid Private Seller Terms and Conditions of Business . The Private Seller Terms and Conditions of Business are not separately stored by LuxWatchMarket24 following the conclusion of the contract.
2.Conclusion of the contract
2.1
By completing the registration, a Private Seller makes a legally binding offer to LuxWatchMarket24 to conclude a contract for the publication of an offer. The Private Seller will be informed by e-mail of the receipt of his contract offer. With the confirmation of receipt, LuxWatchMarket24 at the same time declares its acceptance of the contract ("Order Confirmation").
3.Performance description; Contractual relationships
3.1
LuxWatchMarket24 offers Private Sellers the technical infrastructure via the Platform to publish offers, to enter into contact with prospective buyers, to initiate contracts of purchase and to conclude contracts of purchase via the Platform.
3.2
The offers published and retrievable on the Platform do not represent any legally binding offer to conclude a contract of purchase but simply an invitation to potential buyers to submit offers to Private Sellers to purchase their items.
3.3
Any contractual relationships are formed exclusively between the Private Sellers and the buyers.
4.Registration; User account and seller data
4.1
Only consumers within the meaning of Art. 2 (2) of Directive 2011/RL/83/EU may register and publish offers as Private Sellers, i.e. natural persons who publish offers outside their trade, business, craft or profession. Traders within the meaning of Art. 2 (2) of Directive 2011/83/EU may not, by contrast, register as Private Sellers.
4.2
For the purpose of registration as a Private Seller, the provision of the following seller data is necessary
First name, surname,
Address (street, post code, town, country),
Nationality
Telephone
E-mail address
Copy of a government-issued photo identification document
4.3
The Seller data is to be provided in full and correctly. Should the data provided subsequently change, the Private Seller shall be obliged to correct the data in his user account (myLuxWatchMarket24) without delay.
5.Offers
Private Sellers may list watches, parts, and accessories on the platform and may publish sales offers on the platform.
5.1
Services and performances provided by LuxWatchMarket24; Term
1.
LuxWatchMarket24 initially publishes offers on the Platform for a period of 3 months (the Term).
2.
The Term of offers may at any time be extended by a further 3 months. As from the second extension, the Private Seller shall be obliged, upon request, to provide LuxWatchMarket24 with suitable proof that the Private Seller has not yet sold the article offered and that he remains in possession of the article.
3.
Private Sellers and buyers may conclude contracts of purchase directly on the Platform using the Escrow Service in select countries.
4.
Within the scope of the Escrow Service, LuxWatchMarket24 supports the Private Seller in the performance of contracts of purchase via the Escrow Service. However, LuxWatchMarket24 does not become a party to the contract of purchase to be concluded between the buyer and the Private Seller.
5.
In the event of any complaint by the buyer, LuxWatchMarket24 will, if desired, support the communication with the buyer so as to find a solution satisfactory for both parties.
6.
LuxWatchMarket24 offers the Private Seller the opportunity to use the "General Terms and Conditions of Sale" for contracts of purchase when availing himself of the Escrow Service. The "General Terms and Conditions of Sale" enable LuxWatchMarket24 to manage the process of the Escrow Service effectively. The proposal made by LuxWatchMarket24 for the "General Terms and Conditions of Sale" is continually updated. LuxWatchMarket24 will inform the Private Seller by e-mail of any changes to the "General Terms and Conditions of Sale".
7.
The Escrow Service also enables cross-border transactions to be concluded and performed. LuxWatchMarket24 draws attention to the fact that the "General Terms and Conditions of Sale" may conflict with the legal system at the place of residence of the Private Seller or of the buyer.
5.2
Pre-requisites for the use of the Escrow Service
1.
In order to use the Escrow Service, it is necessary to open an escrow account at a financial service provider with whom LuxWatchMarket24 co-operates. The escrow account is opened and managed by this financial service provider. This requires a separate agreement with the financial service provider. The corresponding "Payment Service Framework Agreement for Trusted Checkout Orders" of the financial service provider is retrievable https://www.LuxWatchMarket24.com/info/terms-payment.htm .
2.
In addition to the seller data specified under Clause 4.2, the private seller must submit their bank account information in order to be able to use the Escrow Service.
3.
The Escrow Service is available to the Private Seller in the currency of his home country. The Private Seller may also, at his choice, use the Escrow Service in additional currencies for the purpose of payment of the purchase price. So far as possible, the Private Seller will receive the sales price asked in the currency of his home country.
5.3
Duties of the Private Seller
1.
The Private Seller is obliged to notify LuxWatchMarket24 without delay when an article has been sold, stating the purchase price and the name of the buyer.
2.
LuxWatchMarket24 shall at all times be entitled to enquire of the sales status of any article placed (status enquiry). Should the Private Seller fail to notify the sales status within 7 days, LuxWatchMarket24 shall be entitled to block the offer until the sales status has been notified.
3.
The Private Seller shall be obliged at any time upon the request of LuxWatchMarket24, also in the case where the Term of an offer has not been extended, to provide suitable proof that the Private Seller has not sold the article offered and that he remains in possession of the article. Should the Private Seller fail to provide this proof within 7 days after being called upon to do so by LuxWatchMarket24, this shall be deemed to constitute a declaration on the part of the Private Seller that the article was sold via the Platform at the selling price stated. When it makes its enquiry, LuxWatchMarket24 will draw the attention of the Private Seller to the significance of any failure to reply.
5.4
Deletion of offers
1.
Private Sellers may only delete offers prior to the expiration of the Term if a cogent reason exists, such as e.g.
the article has meanwhile become damaged
the article has been stolen
2.
The Private Seller is obliged to delete an offer as soon as the article offered has been sold. If no ground to the contrary is stated upon the deletion of an offer, the Private Seller declares with the deletion of a given offer that the article has been sold via the Platform at the selling price stated.
5.5
Listing fee; Premium listing
1.
LuxWatchMarket24 charges an insertion fee for the publication of offers in accordance with the current price list .
2.
The Private Seller may book a premium listing option in order to increase the visibility and prominence of an offer (higher ranking and special identification in the list of results). For this service, LuxWatchMarket24 charges a premium fee in accordance with the current price list .
3.
Any subsequent deletion or blockage of an offer or the termination of this contract as a whole shall have no effect upon the claim of LuxWatchMarket24 to payment of an insertion fee or premium fee. This shall not apply if LuxWatchMarket24 is responsible for the reason for the deletion or blockage of the offer.
4.
Payment of the insertion and/or premium fee is due immediately. The sales offer will only be activated following receipt of payment.
5.6
Transaction Fee
1.
contract of purchase concluded or performed via the Escrow Service, the Private Seller shall pay LuxWatchMarket24 a transaction fee. The transaction fee is calculated in accordance with the current price list .
2.
The claim to payment of the transaction fee arises upon the conclusion of a contract of purchase. Should an article be deleted prior to the expiration of the Term, the article shall, in case of doubt, be deemed to have been sold.
3.
The transaction fee shall be due for payment upon payment of the purchase price by the buyer but no later than upon dispatch of the goods by the Private Seller (irrespective of whether payment has already been made at this point in time).
4.
A transaction fee will also be charged for contracts of purchase negotiated via the Platform where the Escrow Service is not used. A contract of purchase shall be deemed to have been negotiated via the Platform if the initial contact between the Private Seller and the buyer was made via the Platform, the purchaser became aware of the item offered for purchase via the Platform or LuxWatchMarket24 and/or the use of the Platform otherwise contributed towards the conclusion of a contract of purchase.
5.
In the event of any unwinding of the contract of purchase, the claim to payment of a transaction fee shall be extinguished. The Private Seller shall inform LuxWatchMarket24 of any unwinding of the contract without delay and, upon request, shall submit suitable proof.
6.
If, within 14 days following receipt of the invoice, the Private Seller raises no objections to the transaction fees invoiced, this shall be deemed to constitute acknowledgment of the invoice. LuxWatchMarket24 will make specific reference to this fact in the invoice.
6.Rights of LuxWatchMarket24
6.1
LuxWatchMarket24 may refuse to publish individual contents or an offer for cogent reasons.
6.2
Where there is a suspicion that a breach of rights or law exists, LuxWatchMarket24 shall be entitled, without prior notice, to block offers of the Private Seller or to delete the same, either in whole or in part. LuxWatchMarket24 will give the Private Seller the opportunity to respond.
6.3
LuxWatchMarket24 shall not be obliged to provide a specific form of presentation or placement of the offers unless this is expressly agreed between the parties. LuxWatchMarket24 reserves the right to standardize the presentation of the contents of the offers within the framework of a uniform presentation. LuxWatchMarket24 shall be entitled to place adverts, also for competing offers, in the vicinity of the offer displayed.
6.4
LuxWatchMarket24 draws attention to the fact that the publication of offers and contents on the Platform may (e.g. for security reasons) be delayed or temporarily restricted to a limited circle of users.
6.5
LuxWatchMarket24 does not check the contents and offers placed on the Platform prior to publication. The Private Sellers alone are responsible for the correctness, accuracy, reliability, actuality, appropriateness and/or completeness of the information and offers retrievable on the Platform.
6.6
LuxWatchMarket24 endeavors to ensure a trouble-free operation of the Platform. This is, by the nature of things, limited to services and performances over which LuxWatchMarket24 itself has influence. LuxWatchMarket24 shall be at liberty to restrict access to the Platform, either in whole or in part, on account of maintenance works, capacity issues or any other events which are beyond the sphere of control of LuxWatchMarket24.
7.Duties of the Private Seller
7.1
The Private Seller undertakes to formulate offers accurately and in full. Offers must contain the following mandatory details in order to be published on the Platform:
1.
Manufacturer
2.
Model
3.
Price
4.
Details concerning the condition of the article
5.
Details concerning the scope of delivery
7.2
The Private Seller undertakes in the descriptive text in particular to desist from showing the following details/offer images:
1.
e-mail-addresses and telephone numbers
2.
URL for his own website, unless agreed to the contrary
3.
the reporting of stolen goods and/or accessories
4.
search entries for goods and/or accessories
5.
offer images that do not relate to the object of sale (e.g. images of the retail shop or the sales rooms of the dealer
6.
financing offers
7.3
The Private Seller undertakes when preparing offers and publishing contents on the Platform to comply with the applicable law (e.g. competition law and criminal law) and not to infringe any rights of third parties (e.g. trademark, name, copyright and data privacy rights). The Private Seller shall, in particular, ensure that no rights of third parties preclude any publication of images or contents on the Platform. The Private Seller is, in particular, forbidden to offer any such articles, the offer for sale, the sale or acquisition of which infringes statutory provisions or any rights of third parties, or to publish corresponding offers on the Platform.
7.4
The Private Seller further gives an assurance that he is in possession of the article offered and that he is entitled to sell the article. The Private Seller also gives an assurance that brand articles offered for sale are not counterfeits.
8.Certification Service
8.1
The private seller is aware that LuxWatchMarket24 offers a certification service (hereinafter the service) for certain watches sold by private sellers, provided that the buyer is a consumer. The buyer can book this service from LuxWatchMarket24 separately at their own expense. The service is carried out by a third party contracted by LuxWatchMarket24 and includes (a) checking whether the watch has been stolen, (b) checking the authenticity of the watch, and (c) checking the watch's condition and functionality. A detailed description of the service is available at What is meant by the "watch's authenticity?" .
8.2
Only certain watches are eligible for the service. The specific criteria can be found at What watches are eligible for certification? (hereinafter the eligibility requirements). The private seller will be notified separately when creating a listing if the service can be booked for their watch.
8.3
The private seller will be notified immediately once the contract is concluded if the buyer has requested the service. In this case, the watch is not shipped to the buyer, but to a third party commissioned by LuxWatchMarket24. LuxWatchMarket24 will provide the private seller with a shipping label.
8.4
Depending on the outcome of the certification service, the following shall apply:
1.
If the third party confirms the watch's authenticity, etc., LuxWatchMarket24 will be responsible for sending the watch from the third party to the buyer.
2.
If the watch is categorized as "potentially stolen," LuxWatchMarket24 will contact the relevant authorities and stakeholders (insurance provider, etc.) to determine how to proceed. The watch will not be sent to the buyer.
3.
If the authenticity of the watch cannot be confirmed, or if its condition is other than described, LuxWatchMarket24 will contact the buyer and the private seller and try to find an amicable solution.
8.5
If the service under Section 8.4 produces a negative result, LuxWatchMarket24 will refund the buyer the agreed price (hereinafter the service price). If the private seller is at fault (i.e., they were at least negligent), the private seller must pay LuxWatchMarket24 a contractual penalty in the amount of the service price. The contractual penalty will be offset against any other claims for damages that LuxWatchMarket24 may have as a result of this violation. Further claims for damages by LuxWatchMarket24 remain unaffected.
9.Rights of use
9.1
Unless agreed to the contrary between the Private Seller and LuxWatchMarket24, the Private Seller, for the purpose of publication of offers and for the purpose of advertising the Platform, grants LuxWatchMarket24 a simple, irrevocable right of use of the contents placed (images, texts), unlimited in terms of territory, time or contents, which is also transferable to third parties. LuxWatchMarket24 shall at all times be entitled to use, edit, and exploit the contents in this respect. This includes, in particular, the right of reproduction, the right of dissemination and the right of public rendition, in particular the right of making the contents accessible to the public.
9.2
The Private Seller waives his right to be named as the author.
10.Right of consumers to cancel the contract
If you are a consumer, you have the following right of cancellation. A consumer is a person who concludes a legal transaction for purposes which predominantly are not attributable either to his commercial or self-employed professional activities (Section 13 BGB - Bürgerliches Gesetzbuch - German Civil Code).
Notice of right of cancellation
Right of cancellation
You have the right to cancel this contract within fourteen days without specifying reasons.
The cancellation period amounts to fourteen days from the date of conclusion of the contract.
In order to exercise your right of cancellation, you must inform us
LuxWatchMarket24 GmbH, Haid-und-Neu-Str. 18, D-76131 Karlsruhe, Fax: +49 721 480889-88 E-Mail: info@LuxWatchMarket24.com
by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the specimen cancellation form attached, but this is not compulsory.
In order to comply with the cancellation period, it is sufficient if you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have to refund all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we will use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund.
If you have requested that the services commence during the cancellation period, you have to pay us a reasonable amount corresponding to the proportion of services already provided up until the point in time when you notify us of the exercise of your right of cancellation of this contract compared with the overall scope of the services to be provided under the contract.
Specimen cancellation form
(If you wish to cancel the contract, please complete this form and return it to us.)
- To
LuxWatchMarket24 GmbH, Haid-und-Neu-Str. 18, D-76131 Karlsruhe, Fax: +49 721 480889-88 E-Mail: info@LuxWatchMarket24.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- ordered on (*)/received on (*)
- Name(s) of the consumer(s)
- Address(es) of the consumer(s)
- Signature(s) of the consumer(s) (only in the case of notification in paper form)
- Date
(*) please delete that which is inapplicable.
11.Term of the contract; Termination; Blockage
11.1
The contract is concluded for an indefinite period and may be terminated at any time. Any notice of termination shall become effective no earlier than 2 months following the end of the Term of an offer placed by the respective Private Seller (Clause 5.1)
11.2
Upon termination of the contract for the use of the Platform or the deletion of the myLuxWatchMarket24 account, this Private Seller contract with LuxWatchMarket24 is likewise terminated. Clause 11.1 applies correspondingly to the Platform Contract.
11.3
The right of the parties to end the contractual relationship by extraordinary termination for cogent reasons remains unaffected.
11.4
From the perspective of LuxWatchMarket24, a cogent reason justifying summary termination of this Private Seller contract exists where the Private Seller seriously breaches his duties under Clause 7 of this contract.
11.5
Where a cogent reason exists justifying summary termination, LuxWatchMarket24 may, at its own discretion, in place of terminating the contract, also order the blockage of access to the user account or the blockage or deletion of offers of the Private Seller or of individual contents.
11.6
Termination by the Private Seller has the consequence that the offers of the Private Seller may be immediately deleted by LuxWatchMarket24.
11.7
The contract shall, inter alia, be deemed to be terminated by LuxWatchMarket24 with legally valid effect if a corresponding communication is sent to the Private Seller at the e-mail address provided by him. Notices of termination by the Private Seller must be made in text form or using the corresponding function for the deletion of the myLuxWatchMarket24 account on the Platform.
12.Warranty and liability
12.1
Unlimited liability: LuxWatchMarket24 shall be liable without limitation in cases of deliberate intent or gross negligence and also under the terms of the Produkthaftungsgesetz [Product Liability Act]. In the case of damage arising from injury to life, limb or health of any persons, LuxWatchMarket24 shall be liable in cases of ordinary negligence.
12.2
In all other respects, the following limited liability applies: in the case of ordinary negligence, LuxWatchMarket24 shall only be liable in the case of breach of a fundamental contractual duty, the performance of which makes the proper performance of the contract possible in the first place and on compliance with which the Private Seller is regularly entitled to rely (cardinal duty). In terms of amount, the liability for ordinary negligence is restricted to the damage foreseeable and typically anticipated at the time of conclusion of the contract. This limitation of liability also applies in favor of vicarious agents.
13.Claim to indemnity
13.1
The Private Seller shall indemnify LuxWatchMarket24 and/or its employees or agents from all claims of third parties in the event that claim is made against it on account of alleged or actual infringements of rights or of law and/or of infringement of rights of third parties in connection with the use of the Platform by the Private Seller.
13.2
The Private Seller undertakes to reimburse all and any costs incurred by LuxWatchMarket24 through claims made against it by third parties. The recoverable costs also include the costs of reasonable assertion of legal rights and legal defense which may be incurred in defending claims of third parties. In such case, the Private Seller will be informed without delay of the measures of legal defense which are to be taken.
14.Final provisions
14.1
Should one or more contractual provisions be or become invalid, the validity of the remaining provisions shall not be thereby affected.
14.2
These Terms and Conditions of Business shall be governed by the law of the Federal Republic of Germany.
14.3
LuxWatchMarket24 will notify the Private Seller in text form of any amendments to these Terms and Conditions without it being necessary to send or otherwise notify the individual amended terms and conditions or the revised version of these Terms and Conditions as a whole; it is sufficient for the Private Seller to be notified of the fact of the amendment as such and also for him to be provided with a link to the amended General Terms and Conditions of Business. If the Private Seller does not object in text form to the amendment within 14 days following the announcement of the amendment, this shall be deemed to constitute consent to the amendment; LuxWatchMarket24 will draw attention to this fact in its notifications of any amendments.
14.4
LuxWatchMarket24 shall be entitled to transfer this contract, including all additional agreements, together with all rights and duties, to a company of its choice. In the event of any transfer of this contract to another company, the Private Seller shall have an extraordinary right of termination which must be asserted by notice in writing to LuxWatchMarket24 within 14 days following its announcement. LuxWatchMarket24 will, in its announcement, draw the attention of the Private Seller to the significance of his actions.

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