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Terms and Conditions

Terms and Conditions of Watchmaster ICP GmbH Applicable to Sales

1. Party, scope of application

The party to this contract is:

Watchmaster ICP GmbH
Charlottenstrasse 60
10117 Berlin

with registered offices in Berlin (register court: Charlottenburg local court, register number: HRB 166416 B).

VAT Identification number: DE299726486
Managing Directors: Michael Loretz, Robert Morlock
Telephone: +49 (0)800 7244878
E-mail: info@watchmaster.com
Website: watchmaster.com
or one of its subsidiaries.

– Watchmaster ICP GmbH and its subsidiaries, referred to as “Watchmaster” in the following –

Watchmaster is a commercial seller of watches via the Internet and stationary retail outlets.


The following Terms and Conditions apply to the sale of goods by Watchmaster via the website www.watchmaster.com and the Watchmaster mobile application, and to purchase contracts otherwise entered into by Watchmaster via e-mail, telephone, chat area or by mail.


The customer’s differing terms and conditions will not apply unless expressly acknowledged by Watchmaster. This also applies if the customer's terms and conditions differ from or conflict with these Terms and Conditions and Watchmaster, aware of the customer’s terms and conditions, delivers its services without reservation.


The offers presented are exclusively directed to persons of at least 18 years of age. Further terms and conditions stipulated by separate finance contracts apply if the customer intends to finance a purchase or make a purchase in instalments.


2. Conclusion of the contract

2.1 Watchmaster offers different ways of placing an order: via the website, the mobile application, the chat area on the website or via other means of communication such as telephone and e-mail. These means of communication allow the customer to communicate with Watchmaster.


a. In the case of a sale via the website watchmaster.com or the mobile application, the customer selects the desired goods he intends to purchase from the online shop. The order process is finalised by clicking on the “Buy now” button. This represents a binding offer for the conclusion of a purchase contract extended by the customer to Watchmaster.


b. An order may be submitted via another means of communication, such as e-mail, telephone or chat on the website watchmaster.com, as follows: The customer sends the essential information for the contract via the respective means of communication. Watchmaster subsequently sends the customer an e-mail containing information on the requested goods and a link to an online-based order process for the respective requested goods. The order process is finalised when the customer clicks on the “Buy now” button. This represents a binding offer for the conclusion of a purchase contract extended by the customer to Watchmaster.


2.2 The customer will receive a notification confirming receipt of the order and the order particulars upon Watchmaster’s receipt of an order. This constitutes an order confirmation. This order confirmation does not constitute an acceptance of the offer made by the customer, but merely documents receipt of the order.


2.3 Watchmaster may accept the customer’s offer within ten days by sending a written order acceptance (letter, fax or e-mail), whereas receipt of the acceptance by the client determines acceptance in due time. If the customer intends to have the goods financed in accordance with Clause 8, the period in which Watchmaster can accept the customer’s offer will first begin when the financing commitment has been received.


2.4 If Watchmaster does not accept the offer within the set time, then the offer is deemed to have been declined. The offer is then no longer binding for the customer.


2.5 The period in which Watchmaster may accept the offer commences on the day after the offer is sent by the customer. It expires upon the lapse of the tenth day after the offer is sent.


2.6 Watchmaster will store the order details provided on the order form and send them to the customer by e-mail in text form, including an order acceptance and revocation instructions. If the customer registered for a customer account at the time of placing the order, he may retrieve the order by using his login credentials. The customer may modify his purchase prior to submitting a binding order via the online order form. All details entered will be displayed on a confirmation screen before the order is submitted and may still be corrected.


2.7 Order processing and contact are usually automated, carried out by e-mail. The customer must ensure that the e-mail address provided for order processing purposes is accurate and that he is able to receive e-mails sent to him by Watchmaster. If using a spam filter, the customer must ensure that all e-mails sent by Watchmaster, or a third party on behalf of Watchmaster, can be delivered.


3. Languages

The following languages are available for entering into a contract: German, English and French.


4. Information on consumer revocation rights

4.1 The following revocation right exclusively applies to consumers within the meaning of § 13 German Civil Code (BGB), i.e. individuals entering into purchase contracts which to the largest extent cannot be considered of a commercial or self-employed professional nature and who have entered into the purchase contract via one of the options specified in Clause 2.2 (a) and (b) of these Terms and Conditions.


4.2 The consumer is entitled to revoke this contract within 14 days without stating reasons.


4.3 The revocation period is fourteen days from the day on which the customer or his agent, who is not the shipper, has taken possession of the goods.


4.4 To exercise the revocation right, the customer must inform


Watchmaster ICP GmbH
Charlottenstraße 60
10117 Berlin
Telephone: +49 (0)800 7244878
E-mail: info@watchmaster.com


of his decision to revoke the contract by way of an unequivocal statement (e.g. letter, telefax or e-mail). The customer may also use the revocation template form, which is however not mandatory.


4.5 A revocation notice is deemed served in due time if the customer dispatches it prior to the expiry of the revocation period.


4.6 If the customer revokes the contract, then Watchmaster must refund all payments received from the customer, including delivery costs (except for additional costs incurred by the customer’s choice of a delivery method other than the least expensive standard delivery offered by Watchmaster) within fourteen days from the date on which the customer’s revocation notice has been received by Watchmaster. Watchmaster will use the same payment method for the refund as was used in the original transaction, unless otherwise agreed with the customer; the customer will in no case be charged the costs of the refund payment.


4.7 Watchmaster will arrange the pick-up of the goods upon receipt of the revocation notice. Due to their usually high value, goods may only be returned by way of a free pick-up. Watchmaster’s customer service will contact the customer to arrange a pick-up time. The pick-up will be performed by an insured parcel company on order and on behalf of Watchmaster.


4.8 The goods cannot be returned by a different parcel service.


Customers may direct their queries or reservations to customer service at
Telephone: +49 (0)800 7244878
E-mail: info@watchmaster.com


4.9 Watchmaster may reject a refund until the customer has surrendered the goods to the parcel service contracted by Watchmaster.


4.10 he customer will only be liable for a potential deterioration in value of the goods if such deterioration in value was caused by handling the goods in a way that is not required for the inspection of quality, features and functionality of the goods.


4.11 If the customer trades a watch at the time of purchasing the goods and then revokes the contract, then Watchmaster will return the traded watch at its own cost.


5 Prices

5.1 Prices listed by Watchmaster are gross prices and include the VAT applicable at the time of placing the order, or are taxable under the differential taxation rules pursuant to § 25a VAT Act (UStG). Available shipping options and their costs are listed with the offered items.


5.2 Upon receipt of the order and the purchase price, Watchmaster will deliver the goods to the address specified by the customer within the delivery time specified on the website for the respective goods.


6. Payment terms

6.1 Goods may be paid for by selecting one of the following accepted payment methods:


a. Bank transfer
b. Paypal
c. Credit Card


6.2 Payment by cheque or cash is not permitted.


6.3 Watchmaster reserves the right to exclude certain payment methods in an individual case.


6.4 The purchase price is due for immediate payment at the time an order is placed.


7. Instalment purchase

Customers have the option to purchase the watches offered on the website www.watchmaster.com using the instalment purchase option offered by fine trade gmbh. In such case these Terms and Conditions of Watchmaster ICP GmbH Applicable to Sales do not apply. The sole party to the contract for the instalment purchase option is fine trade gmbh. Further information on the instalment purchase option offered by fine trade gmbh is available here.


8. Financing

8.1 For German Customers


a. Watchmaster offers its customers the option to purchase the goods on offer with a financing provider. The prerequisite for the financing is that the customer fulfills the requirements of the financing provider for being issued the loan.


b. If the customer intends to finance the purchase with the financing provider, he can select the option to finance the purchase with the financing provider when completing the ordering process. The customer will then be directed to the financing provider website, where he can provide the information necessary for the check of the financing option with the financing provider and apply for financing. The party to the consumer loan contract is solely the financing provider.


c. If the financing provider decides to finance the customer’s purchase after checking the customer’s information, it will send Watchmaster the financing commitment. On receipt of the financing commitment, Watchmaster will accept the customer’s offer to conclude a purchase contract and send the goods to the customer.


d. If the financing provider refuses to provide financing, the customer will not be bound to his offer to conclude the purchase contract.


8.2 For United Kingdom Customers


a. Watchmaster offers its customers the option to purchase the goods on offer with financing provided by V12 Retail Finance. Further information on the services offered by V12 Retail Finance are available here.


9. Delivery terms

9.1 Delivery will take place to the delivery address specified by the customer, within the delivery period indicated on the website for the respective goods, and is subject to receipt of the payment, depending on the selected method of payment. The customer will be notified of shipment by e-mail. The goods will be shipped by a parcel service. The risk of accidental destruction of the ordered goods transfers to the customer upon delivery of the goods (§ 446 lit.1 BGB), or if he is in default of acceptance (§ 300 (3) BGB).


9.2 The following applies to commercial customers: The risk of accidental destruction of the ordered goods transfers to the customer upon the ordered goods’ being surrendered to a suitable and reliable parcel service.


9.3 If the parcel service company returns the shipped goods to Watchmaster due to unsuccessful delivery to the customer, the customer will bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstances giving rise to the failed shipment, or if he was temporarily prevented from accepting the services offered, unless he was given reasonable advance notice of the impending service by Watchmaster.


9.4 Watchmaster reserves the right to make partial delivery, if necessary due to the quantity of different goods purchased, and if such partial delivery can reasonably be accepted by the customer. Watchmaster will, however, aim for a single delivery as far as possible. The additional costs incurred by a partial delivery (in particular postage and packaging) will be borne by Watchmaster.


10. Acceptance of the goods

10.1 In the case that a delivery of goods arrives damaged, Watchmaster requests that the customer immediately submit a notice of the damage to the parcel service and to document the extent of the damages. This will not affect the warranty.


10.2 The customer may refuse acceptance of damaged goods or arrange a pick-up date with the Watchmaster customer service.


Customer service may be contacted at:
Tel.: +49 (0)800 7244878 (Monday – Friday, 9 a.m. - 8 p.m. CET)
E-mail: info@watchmaster.com


11. Reservation of title

11.1 Watchmaster reserves its ownership in all goods delivered until full payment of the purchase price has been received. For the purpose of asserting a reservation of title, Watchmaster is entitled to demand that the reserved goods be surrendered immediately and under the exclusion of any right of retention, as soon as the customer defaults on the payment of the purchase price or a due instalment. This does not apply if the customer asserts legally final or undisputed counter-claims.


11.2 The customer undertakes to immediately point out Watchmaster’s ownership in the case of garnishments, seizures or other injunctions or access by third parties and to notify Watchmaster in writing of attachments, seizures or other injunctions or access by third parties, for the purpose of enabling Watchmaster to enforce its ownership rights, in particular by bringing legal action pursuant to § 771 of the Code of Civil Procedure (ZPO).


12. Customs

12.1 Goods ordered by the customer from Watchmaster for delivery outside of the European Union may be subject to import tariffs and taxes payable upon the parcel reaching the destination. Any additional fees incurred for customs clearing must be borne by the customer. These fees are beyond the control of Watchmaster. Customs regulations differ from country to country, and the customer should therefore contact his local customs authority for further information.


12.2 When placing an order with Watchmaster, for delivery outside of the European Union, the customer is deemed to be the importer and must comply with all laws and regulations of the country in which the goods are delivered. International deliveries are subject to being opened and inspected by customs authorities.


13. Warranty

13.1 Watchmaster is not the manufacturer of the delivered goods. In the case of claims pursuant to the Product Liability Act (Produkthaftungsgesetz), Watchmaster will promptly provide the name and address of the respective manufacturer to the customer.


13.2 In the case of new goods, the customer is entitled to assert the statutory warranty rights against Watchmaster.


13.3 The following applies to commercial customers: The warranty period is 24 calendar months. This shortened limitation period does not apply in cases of fraud, the lack of a feature guaranteed by Watchmaster, or to cases where Watchmaster is culpable for injury to life, limb or health or to damage caused by Watchmaster’s gross negligence. The statutory limitation periods apply exclusively in such cases.


13.4 In the case of used goods, the warranty period is limited to 24 calendar months. This excludes the customer’s claims for damages for which Watchmaster is liable according to Clause 14.


13.5 The warranty period commences on the date of the handover of the goods.


13.6 Watchmaster offers its customers an extended warranty, hereinafter referred to as "Watchmaster-Warranty." The "Watchmaster-Warranty" is valid for 24 months from the date of purchase and refers exclusively on the movement. For the first 12 months, the conditions of the legal warranty apply. From the thirteenth month, Watchmaster guarantees the following benefits in the event of a legitimate complaint for all watches purchased from Watchmaster during the period from 24.09.2018 to 31.12.2018 and after the 01.02.2019:
As part of the warranty service, Watchmaster takes over the working hours by the contractor. Spare parts that have to be obtained for the repair are charged to the customer. The costs for the spare parts are communicated to the customer in written form before procurement and are to be confirmed by the customer.
It´s the customer´s responsibility to carry the costs of the transport of the watch as part of the Watchmaster-Warranty. These are communicated to the customer before the collection of the watch and must be confirmed in writing by the customer. The announcement of utilization of the Watchmaster guarantee must take place in written form by the customer. In this letter, the customer must describe the problem in reasonable detail. Watchmaster will then pick up the watch from the customer. If the conditions for claiming the Watchmaster-Warranty are not met, the customer will be notified of the reasons. The warranty rights according to numbers 13.1, 13.2, 13.3 and 13.4 remain unaffected.


13.7 Exclusions
A) Repair of damage caused intentionally by the customer
B) The repair of water damage is always excluded from the Watchmaster-Warranty
C) Watchmaster only handles repairs that can be resolved by one of watchmaster's own watchmakers. These are in particular the repair or replacement of defective parts, the regulation / adjustment of the watch and individual parts. Repairs by the manufacturer are excluded from the warranty.
D) The warranty obligation does not apply if the replacement part can not be procured outside the scope of responsibility of Watchmaster or if the manufacturer does not deliver the replacement part.
E) Bracelets, glasses, crowns and all wearing parts, as well as damage not caused by natural or normal wear and tear, are excluded from the guarantee. The costs for material and spare parts are to be taken over by the customer and are presented to him, before repair, for confirmation. Only when confirmed by the customer, the required repair is performed.


13.8 Watchmaster is also not obligated to provide warranty services if the provision of the service is impossible or causes above-average high costs.


14. Liability

14.1 The liability of Watchmaster is limited as follows: Watchmaster is liable for wilful intent and gross negligence. Watchmaster is also liable for a negligent breach of obligations, the fulfilment of which is a prerequisite for the proper fulfilment of the contract, the breach of which jeopardises the contractual purpose and the compliance with which is ordinarily relied on by the customer. Watchmaster is only liable, however, for the foreseeable and contractually typical damages. Watchmaster is not liable for a slightly negligent breach of obligations other than the aforementioned.


14.2 The aforementioned liability exclusions do not apply in the case of injury of life, limb or health. Liability pursuant to the Product Liability Act remains unaffected.


15. Complaints Procedure

We take complaints about our work, staff and levels of service very seriously. If you are not satisfied, please follow the process for raising a formal complaint.


15.1 Complaints about Watchmaster
If you want to speak to someone about a complaint, you can call our public enquiries call centre on 0800 0988349 (lines are open 8:00 am to 5:00pm Monday to Friday, excluding bank holidays), where we will try to resolve the issue if we can.
If you prefer to put your complaint in writing, in the first place, write to the person who handled your query: that’s usually the quickest way to resolve a problem. If you’re still not satisfied, ask for your complaint to be escalated to their team leader or line manager.


15.2 Information we’ll need from you:
· a clear, detailed description of what your complaint is about
· copies of any letters or emails related to the complaint
· a correspondence case reference number, if you have it
· your email address or postal address (so we can reply)

We aim to respond to complaints within 5 working days. If we can’t reply to you within this time, we will let you know and tell you when you can expect a reply. If the problem is still unresolved, you can make a formal complaint to our Complaints Manager.


15.3 How to make a formal complaint about Watchmaster
You can make a formal complaint by post, online or by phone.

By Post, write to:
Watchmaster
Complaints Manager
Standard House
Weyside Park Catteshall Lane
Godalming GU7 1XE

Online, email privacy@watchmaster.com and please put ‘For the attention of the Complaints Manager’ in the subject line.

Or Phone our public enquiries call centre on 020 7210 4850 (lines are open 8:00am to 5:00pm Monday to Friday, excluding bank holidays). Our call centre staff can take a note of your complaint to pass on to the Complaints Manager, or arrange a suitable time for an advisor to do so. Please note it is advisable to place detailed complaints in writing, where possible, to ensure your concerns are comprehensively covered.


15.4 What happens next
When you’ve made your complaint, we will:
· send an email to let you know that we’ve received it (as long as you’ve provided a valid email address)
· investigate your complaint (looking at whether your questions were answered, whether you suffered any injustice or hardship, and what remedy would be fair and proportionate in the circumstances)


15.5 What to do If you’re not satisfied
If you are not satisfied with the outcome of your formal complaint you can address the Ombudsman. You can file your complaint directly here

Appealing against a decision by the Ombudsman
If you are unhappy with the Ombudsman’s decision you can appeal directly to the Ombudsman.


16. Final provisions

16.1 If one of these contractual provisions is or becomes invalid or infeasible, the validity of the other provisions of this contract will remain unaffected.


16.2 This contract is governed by the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention. Business transactions with consumers located within the European Union may also be governed by the laws at the consumer's place of residence, to the extent that statutory consumer regulation is concerned.


16.3 For commercial customers, the place of performance and legal venue is Berlin.


Revocation right

Revocation instructions

Revocation right

You are entitled to revoke this contract within 14 days and without stating reasons. The revocation period is fourteen days from the day you, or a third party nominated by you, who is not the shipper, have/has taken possession of the goods.

To exercise your revocation right, you must notify

Watchmaster ICP GmbH
Charlottenstraße 60
10117 Berlin

Phone: +49 (0)800 7244878

F Email: info@watchmaster.com

by way of an unequivocal notice (e.g. a letter sent by mail, telefax or email) of your decision to revoke this contract. You may use the attached revocation form, which is however not mandatory.

A notice sent prior to the expiry of the revocation period is deemed served on time.


Consequences of a revocation

Upon your revocation of this contract, we must refund all payments, including the delivery costs (except for additional costs resulting from your choice of shipping other than our least expensive standard shipping method) received from you promptly and within 14 days from the date of receipt of your revocation notice. The refund will be processed via the same payment method as used by you in the original transaction, unless expressly agreed with you otherwise. You will in no case be charged fees for the return. We will pick up the goods from you.

The customer will only be liable for a potential deterioration in value of the goods, if such deterioration in value was caused by handling the goods in a way that is not required for the inspection of quality, features and functionality of the goods.


Sample revocation form here
(Please complete this form and return it to us if you would like to revoke the contract.)


To
Watchmaster ICP GmbH
Charlottenstraße 60
10117 Berlin

Email: info@watchmaster.com

I/We(*) hereby revoke the purchase contract for the following goods:

Order date (*) / received on (*)
Consumer name
Consumer address
Consumer signature (only for paper notices)
Date

(*) Cross out if not applicable


Terms and Conditions of Watchmaster ICP GmbH for Consignment Sales


The following Terms and Conditions apply to the sale of watches by Watchmaster in its own name on behalf of the customer (consignment).

1. Conclusion of the consignment contract

1.1 If a customer intends to sell his watch via Watchmaster, he may contact Watchmaster and supply details of his watch via www.watchmaster.com, via linked partner websites, via the mobile application, by telephone, via the e-mail address provided on the website or from within the provided chat area.


1.2 Once the customer has supplied the required details of the watch, such as manufacturer, model, age and condition, Watchmaster will send him a form containing information on entering into a consignment contract, which specifies the essential details and a preliminary market-value appraisal including a price range indicating a minimum sale price and the amount of sale fee payable.


1.3 The customer may make Watchmaster an offer to enter into a consignment contract entitling Watchmaster to offer the watch in its own name and on behalf of the customer at a price not less than the specified minimum sale price. To make such an offer, the customer must send the watch and the signed form to the address specified, using the parcel service contracted by Watchmaster.


1.4 Watchmaster will bear the cost of the shipment of the watch to Watchmaster. This does not apply if the inspection of the watch reveals that the details provided by the customer on the offer form are incorrect, or the authenticity of the watch is questionable; in this case, the customer is liable for the costs of the shipment. Watchmaster will take out freight insurance with a cover amount corresponding to the minimum sale price assessed in the preliminary appraisal of the watch.


1.5 Watchmaster may accept the customer’s offer within 14 days from receipt of the watch. For this purpose, Watchmaster will notify the customer by e-mail that his offer has been accepted.


1.6 If, after the inspection of the watch, the estimated sales price of the verified market-value appraisal is lower than the minimum sale price of the preliminary market-value appraisal, Watchmaster will contact the customer to bring about an agreement on the minimum sale price.


1.7 If Watchmaster declines the customer’s offer, it will also notify the customer within 14 days after the receipt of the watch by Watchmaster. In this case, Watchmaster will return the watch at its own cost, unless the customer has provided inaccurate details or the authenticity of the watch is questionable. The customer will bear the costs of the return shipment in the latter case.


2. Warranty

2.1 The customer warrants that the information provided by him under Clause 1.1 is accurate, that the watch is genuine, that he holds unlimited ownership of the watch and the sale of the watch will not violate any applicable laws (e.g. the wristband is made of leather from a protected species and has therefore been imported unlawfully).


3. Inspection of goods on consignment

3.1 Watchmaster will send a confirmation of receipt to the customer no later than seven days after receipt of the watch by Watchmaster.


3.2 The customer grants his consent to Watchmaster to photograph, open and potentially polish the watch and to subject it to different tests (e.g. waterproofness, accuracy testing). It is the customer’s responsibility to establish whether a manufacturer’s warranty will be forfeited under the manufacturer’s warranty conditions by the opening of the watch, and to make corresponding enquiries in this respect. Watchmaster will not be liable for any damages resulting from the forfeiture of the manufacturer’s warranty due to the testing of the watches.


3.3 The watch remains the property of the customer until the sale has been completed.


4. Refurbishment of goods on consignment

4.1 The customer grants his consent to Watchmaster to refurbish the watch upon the conclusion of the consignment contract, by polishing it and performing any necessary repairs, or by having the watch repaired, for the purpose of increasing the chances of selling it and increasing the realisable proceeds.


4.2 If the estimated refurbishment costs exceed €300 including VAT, then Watchmaster will contact the client by e-mail for the purpose of making an offer for the repair or refurbishment. If Watchmaster sends the offer to the customer by e-mail, the customer may accept the offer by declaring his acceptance electronically.


4.3 Watchmaster will deduct the costs of any refurbishment or repairs from the final sale proceeds. Watchmaster will invoice the customer for the costs of any refurbishment or repair if the watch is not sold. This will not apply in the cases described in Clause 4.4.


4.4 Watchmaster may also submit an offer to the customer to repair or refurbish the watch at the customer’s expense only if it is actually sold. If the customer accepts this offer as described in Clause 4.2, the following special provision will apply: if the watch is sold to a consumer and such consumer revokes the purchase contract after the repair or refurbishment of the watch, the sales period agreed by contract will be extended by an additional 150 days. If the watch is also not sold during the extended sales period, Watchmaster will bear the costs of the repair or refurbishment in full.


5. Performance of the consignment contract

5.1 Watchmaster will offer the watch for sale on consignment in its own name and on behalf of the customer, during the sales period. Unless otherwise agreed, the sales period is 365 days. The sales period commences on the day the watch is listed, i.e. the time when Watchmaster first offers the watch for sale on the market. The watch will be inspected and potentially refurbished pursuant to Clauses 3 and 4 prior to listing. The inspection and potential refurbishment may take up to 30 days from the day on which Watchmaster accepts the customer’s offer pursuant to Clause 1.5, or the date on which an agreement on the minimum sale price is reached with the customer pursuant to Clause 1.7.


5.2 Watchmaster is entitled to sell the watch without prior consultation with the customer if the sale price at least matches the minimum price of the preliminary market-value appraisal pursuant to Clause 1.2, or the agreed minimum sale price pursuant to Clause 1.6. Watchmaster will not sell the watch for a lower price without the customer’s prior consent to a sale. Watchmaster is entitled to sell the watch for a lower sale price without first consulting with the customer only if Watchmaster foregoes its sales fee amounting to the difference between the final sales price and the minimum sale price and if the final sales price and the sales fee are at least equal to the minimum sale price.


5.3 Watchmaster will promptly notify the customer once his watch has been sold irrevocably. If the watch is purchased by a consumer, such consumer may revoke his purchase contract within 14 days. In this case, Watchmaster will notify the customer upon lapse of the revocation period, or otherwise upon the conclusion of a purchase contract.


5.4 Watchmaster will pay the sale price less the amounts specified in Clauses 4 and 6 as well as a flat shipping rate of £30 to the customer as soon as the watch has been sold irrevocably. In the case of a consumer, this is upon the expiry of the 14-day revocation period. Section 392 (2) HGB does not apply.


5.5 Watchmaster will be responsible for the settlement of the account payable of the purchaser with whom Watchmaster transacts on behalf of the customer.


5.6 Watchmaster assumes liability for warranty claims asserted by the purchaser. If a defect is due to a deviation from the quality guaranteed by the customer pursuant to Clause 2, Watchmaster will be entitled to assert against the customer a claim for reimbursement of the costs incurred by Watchmaster due to the assertion of warranty claims.


6. Sales fee

6.1 Watchmaster is entitled to a sales fee in the agreed amount upon the watch being sold. The sales fee is inclusive of any VAT. Watchmaster is entitled to retain the sales fee from the final sale price. Watchmaster will also be entitled to the sales fee if the sales contract is rescinded due to a defect and the defect is due to a deviation from the quality guaranteed by the customer under Clause 2.


7. Purchase by the consignment agent

7.1 Watchmaster and its subsidiary companies are entitled to purchase the watch themselves from the time of the customer’s making an offer pursuant to Clause 1.5. In this case, the purchase price must be at least equal to the minimum sale price of the temporary market-value appraisal pursuant to Clause 1.2, or the agreed minimum sale price pursuant to Clause 1.6. Watchmaster must promptly notify the customer if it intends to purchase the watch.


7.2 If Watchmaster desires to purchase the watch at a price lower than the minimum sale price of the preliminary market-value appraisal pursuant to Clause 1.2, or the agreed minimum sale price pursuant to Clause 1.6, it may submit a corresponding offer to the customer. A purchase contract will then be concluded upon acceptance by the customer.


7.3 Watchmaster is also entitled to a sales fee if it purchases the watch itself; the sales fee plus the amounts set forth in Clause 4 will then be deducted from the sale price.


8. Termination of the consignment contract

8.1 The consignment contract expires on the last day of the sales period if the watch remains unsold within the sales period.


8.2 Either party may terminate the consignment contract for good cause. Good cause is established if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date in consideration of all circumstances of the individual case and upon balancing of the interests of both parties.


8.3 The customer may – irrespective of the termination for cause under Clause 8.2 – terminate the consignment contract by means of a written notification to Watchmaster, until the sale of the watch or until the receipt of the notification regarding Watchmaster’s intention to purchase the watch itself under Clause 7.1. In such event, Watchmaster shall be entitled to the sales fee under Clause 6, and the customer shall bear the costs for repairs and refurbishment as well as the costs for returning the watch.


8.4 Unless agreed otherwise between the parties, Watchmaster will return the watch to the customer. Watchmaster will send the watch to the most recent address notified by the customer, at the customer’s expense. If the customer is obligated to pay a sales fee and/or the costs for repair and refurbishment, Watchmaster shall have a right of retention of the watch until the full payment is received.


8.5 The customer is obligated to accept the return delivery of the watch after expiry of the sales period.


9. Liability

9.1 Watchmaster’s liability is limited as follows: Watchmaster is liable for wilful intent and gross negligence. Watchmaster is also liable for a negligent breach of obligations, the fulfilment of which is a prerequisite for the proper fulfilment of the contract, the breach of which jeopardises the contractual purpose and compliance with which is ordinarily relied on by the customer. Watchmaster is only liable, however, for the foreseeable and contractually typical damages. Watchmaster is not liable for a slightly negligent breach of obligations other than the aforementioned.


9.2 The aforementioned liability exclusions do not apply in the case of injury of life, limb or health. Liability pursuant to the Product Liability Act remains unaffected.


10. Final provisions

10.1 If one of the contractual provisions is or becomes invalid or infeasible, the validity of the other provisions of this contract will remain unaffected. The invalid or infeasible provision will be deemed automatically replaced by such valid or feasible provision as comes closest to the commercial meaning and intent of the invalid or infeasible provision.


10.2 This contract is governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. Business transactions with consumers located within the European Union may also be governed by the laws at the consumer's place of residence, to the extent that statutory consumer regulation is concerned.


10.3 For commercial customers, the place of performance and legal venue is Berlin.


Terms and Conditions of Watchmaster ICP GmbH Applicable to Trade-In Transactions


These Terms and Conditions Applicable to Trade-In Transactions apply in addition to the Terms and Conditions of Watchmaster ICP GmbH Applicable to Sales for Watchmaster’s acceptance of watches for trade-in in connection with the purchase of a watch by the customer.


1. Conclusion of a contract

1.1 The customer has the option of offering one or a number of watches for trade-in when making a purchase for one or a number of watches via Watchmaster. The customer may for this purpose contact Watchmaster via the website www.watchmaster.com, via the mobile application, by telephone, the e-mail address provided on the website or the chat area, to provide details on the watch he intends to offer as a trade-in.


1.2 Once the customer has provided in full the required details of the watch, such as manufacturer, model, age and condition, and has selected a watch to be purchased from Watchmaster, Watchmaster will evaluate if such a watch is eligible to be accepted as a trade-in. Watchmaster will then send an e-mail to the customer containing information on the conclusion of the respective contracts, the key details on the watch and the amounts to be credited towards the purchase of the new watch.


1.3 The customer may make an offer to Watchmaster to enter into a sales contract for the selected watch and the trade-in of the used watch by completing and submitting the online form for electronic signing, or by printing and signing the contract and then sending the contract and the watch to be traded in to Watchmaster.


1.4 Watchmaster will inform the customer of the address to which he must ship the watch using the freight forwarder contracted by Watchmaster. Watchmaster will bear the cost of the shipment. This does not apply if an inspection of the watch establishes that the details of the watch to be traded provided by the customer are incorrect, or the authenticity of the watch is questionable; the customer will bear the cost of the shipment in this case. Watchmaster will take out freight insurance and nominate the customer as the beneficiary. The watch will thus be insured against loss in transit at the value specified as the credit amount by Watchmaster in its e-mail pursuant to Clause 1.2. Watchmaster will send a confirmation of receipt to the customer no later than 3 days after receipt of the watch by Watchmaster.


1.5 The customer grants his consent to Watchmaster to photograph, open, polish and subject the watch to various tests (e.g. waterproofness test, accuracy test). The customer is responsible for evaluating if the manufacturer's warranty conditions stipulate the forfeiture of a potential manufacturer’s warranty if the watch is opened, and for making corresponding enquiries. Watchmaster is not liable for damages incurred due the forfeiture of the manufacturer's warranty due to the inspection of the watch(es).


1.7 Watchmaster may accept the customer’s offer within 14 days of receipt of the watch by Watchmaster. Watchmaster will for this purpose send an e-mail to the customer, containing an acceptance and information on consumer revocation rights pursuant to Clause 4 of the Terms and Conditions of Watchmaster ICP GmbH Applicable to Sales.


1.8 If Watchmaster declines the customer's offer, it will return the watch to the customer. Watchmaster will bear the costs of the return shipment unless the customer has furnished inaccurate details on the watch or the authenticity of the watch is questionable. The customer will bear the cost of the return shipment in the latter case.


2. Warranty

The customer ensures that the details provided by him under Clause 1.1 are correct, that the watch is authentic, that he is the owner, holds unreserved ownership title in the watch and the sale of the watch will not violate any applicable laws (e.g. the wristband is made of the leather of a protected species, having been imported in breach of the law).


3. Delivery of the goods, offsetting

3.1 If a watch is traded in, Watchmaster will only send the watch purchased by the customer upon its acceptance of the customer’s offer and upon the receipt of the remaining purchase price. The Terms and Conditions of Watchmaster ICP GmbH Applicable to Sales apply to the sale of the watch to the customer.


3.2 The amount for the watch traded in will be offset against the purchase price of the watch purchased. Full or partial disbursement of the amount to be offset by accepting the trade-in is not possible. If the trade-in credit amount exceeds the price of the watch purchased, Watchmaster will credit the difference to the customer's Watchmaster user account. The customer may use this credit balance for purchases from Watchmaster. The credit balance is subject to the statutory limitation period of three years.


3.3 If a customer who is also a consumer revokes the purchase contract for the watch purchased by him from Watchmaster in accordance with his statutory consumer revocation right, Watchmaster will return the watch accepted for trade-in to the customer.


Terms and Conditions of Watchmaster ICP GmbH Applicable to Purchases


These Terms and Conditions apply to the purchase of watches by Watchmaster ICP GmbH, Charlottenstrasse 60, 10117 Berlin.


1. Conclusion of a contract

1.1 If the customer wishes to sell one or more watches to Watchmaster, he may for this purpose contact Watchmaster via the website www.watchmaster.com, via telephone, the e-mail address provided on the website or the chat area to provide details on the watch he intends to sell.


1.2 Once the customer has provided in full the required details of the watch, such as manufacturer, model, age and condition, Watchmaster will evaluate if the watch is eligible for purchase. Watchmaster will then send an e-mail to the customer containing information on the conclusion of the purchase contract, including the key details on the watch and the purchase price.


1.3 The customer may make an offer to Watchmaster to enter into a purchase contract by completing, signing and submitting the form and then sending it to the indicated address along with the watch, using the parcel service contracted by Watchmaster.


1.4 Watchmaster will inform the customer of the address to which the watch should be sent using the parcel service contracted by Watchmaster. Watchmaster will bear the costs of the shipment. This does not apply if the inspection of the watch reveals that the details provided by the customer regarding the watch are incorrect, or the authenticity of the watch is questionable; in this case, the customer will bear the costs of the shipment. Watchmaster will take out freight insurance and nominate the customer as the beneficiary. The watch will thus be insured against loss in transit at the value specified as the purchase price by Watchmaster in its e-mail pursuant to Clause 1.2. Watchmaster will send a confirmation of receipt to the customer no later than 3 days after receipt of the watch by Watchmaster.


1.5 The customer grants his consent to Watchmaster to photograph, open, polish and subject the watch to various tests (e.g. waterproofness test, accuracy test). The customer is responsible for evaluating if the manufacturer's warranty conditions stipulate the forfeiture of a potential manufacturer’s warranty if the watch is opened and for making corresponding enquiries. Watchmaster is not liable for damages incurred due the forfeiture of the manufacturer's warranty due to the inspection of the watch(es).


1.6 Watchmaster may accept the customer’s offer within 14 days of receipt of the watch by Watchmaster. Watchmaster will for this purpose send an e-mail to the customer, declaring its acceptance.


1.7 If Watchmaster declines the customer's offer, it will ship the watch back to the customer. Watchmaster will bear the costs of the return shipment unless the customer has furnished inaccurate details on the watch or the authenticity of the watch is questionable. The customer will bear the cost of the return shipment in the latter case.


2. Warranty

The customer ensures that the details provided by him under Clause 1.1 are correct, that the watch is authentic, that he is the owner, holds unreserved ownership title in the watch and the purchase of the watch will not violate any applicable laws (e.g. the wristband is made of the leather of a protected species, having been imported in breach of the law).


3. Payment of the purchase price

The agreed purchase price is due for payment ten days after Watchmaster’s acceptance of the offer. Watchmaster will transfer the amount due to the account indicated in the contract for the payment of the purchase price.


4. Liability

4.1 Watchmaster’s liability is limited as follows: Watchmaster is liable for wilful intent and gross negligence. Watchmaster is also liable for a negligent breach of obligations, the fulfilment of which is a prerequisite for the proper fulfilment of the contract, the breach of which jeopardises the contractual purpose and compliance with which is ordinarily relied on by the customer. Watchmaster is only liable, however, for the foreseeable and contractually typical damages. Watchmaster is not liable for a slightly negligent breach of obligations other than the aforementioned.


4.2 The aforementioned liability exclusions do not apply in the case of injury of life, limb or health. Liability pursuant to the Product Liability Act remains unaffected.


5. Final provisions

5.1 If one of the contractual provisions is or becomes invalid or infeasible, the validity of the other provisions of this contract will remain unaffected.


5.2 This contract is governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. Business transactions with consumers located within the European Union may also be governed by the laws at the consumer's place of residence, to the extent that statutory consumer regulation is concerned.


5.3 For commercial customers, the place of performance and legal venue is Berlin.

In case of doubt the German version shall be binding.


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