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.

Standard Business Terms and customer information

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 .

We sell the product under our own name on behalf of others, i.e. for an external party that owns the product in question. In this regard, we play the role of a partial or total commission agent. In spite of that, we are a contractual partner who enjoys all the respective rights and is subject to all the respective responsibilities.

(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods  and/ or repair services intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
 
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
 
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(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) Insofar as no other period is specified in the respective offer or under the appropriate button, repairs, including assigning the device for shipping, shall be made within 5-7 days following receipt of the device to be mended (however only for advance payment after the time of your payment instruction).

(5) If you exercise your right of termination in accordance with Section 648(1) BGB, we can demand a flat-rate fee of 10% of the agreed fee, if performance has not yet started. However, this only applies to the statutory right of revocation if you first exercise your right of termination after the end of the revocation period. You will bear the burden of proof for demonstrating that we have incurred no or substantially less costs.
 
§ 4 Special agreements related to the offered payment methods

(1) Payment by SOFORT / Immediate transfer
If you choose the payment method Sofort / immediate transfer, the payment will be processed by the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). In order to use the SOFORT payment method, you are required to have an online banking account that has been activated for this purpose. In the course of the payment process as part of the order, you must legitimise yourself accordingly and confirm the payment order to SOFORT. Your bank account will be debited immediately after the order has been placed. You can find more information about SOFORT at https://www.klarna.com/sofort/.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 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.

§ 6 Warranty

(1) The statutory warranty rights are applicable.

(2) If we notify you of this  prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:

- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee 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) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
 
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
 
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
 
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
 
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
 
§ 7 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.





II. Customer information

1. Identity of the seller

Zeitauktion GmbH
Oberfrohnaer Straße 66
09117 Chemnitz
Germany
Telephone: +4937124089610
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 neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

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. 

5.4 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.

5.5 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.

5.6 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). 

8. Termination

8.1 Information on the termination of the contract and the terms and conditions of termination can be found in the section “Repair” section of our General Terms and Conditions of Business (Part I), and in the individual quotation.

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: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2023





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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.