CHRONEXT AG – General Terms and Conditions of CHRONEXT Service Germany GmbH for Commission
(AS OF 12.07.2024)
§ 1 - Scope of application
These General Terms and Conditions apply to the sale of watches by the
CHRONEXT Service Germany GmbH
Leitradlofts, Lichtstr. 25
50825 Cologne
Cologne, Germany
support@chronext.com
Phone: +49 221 9825 9056
(hereinafter referred to as CHRONEXT)
in its own name for the account of the customer (commission) (hereinafter: GTC). The GTC apply regardless of whether the Customer is a consumer or entrepreneur.
§ 2 - Establishment of contact and conclusion of the contract
2.1 If the Customer wishes to sell one or more watches via CHRONEXT as part of a commission transaction, the Customer shall contact CHRONEXT via the website https://www.chronext.de/verkaufen to provide details of the watch in question.
2.2 As soon as the Customer has provided the required information on the watch, such as manufacturer, model, age and condition of use, CHRONEXT will review and then send the Customer an offer to conclude the commission contract by e-mail with essential information as well as a market value estimate as a price range with a minimum selling price and the amount of the sales fee.
2.3 The e-mail referred to in section 2.2 contains a link that redirects the Customer to the CHRONEXT website, where the Customer can accept or reject the offer. If the Customer accepts the offer, a commission contract is concluded between the parties on the terms and conditions stated here and the Customer is asked to provide his billing address and bank details.
2.4 If the Customer has accepted the offer, CHRONEXT will organize the shipment of the watch in coordination with the Customer. CHRONEXT shall bear the costs of shipping the watch to CHRONEXT. This does not apply if the inspection of the watch (see 2.5. below) reveals that the information provided by the Customer about the watch to sell is incorrect or there are doubts about the authenticity of the watch; in this case, the Customer bears the costs of shipping, the inspection process and the return shipment. CHRONEXT shall take out transport insurance for the shipment and return of a watch. The Customer is registered as the beneficiary in the event of loss or damage to the watch. Payment in the event of loss of a watch is regulated in section 9. CHRONEXT shall confirm receipt of the watch in text form (e-mail is sufficient) no later than three days after receipt. The Customer is entitled to hand over the watch to CHRONEXT's boutique.
2.5 The watch will be inspected by CHRONEXT watchmakers within 14 days. The Customer agrees that CHRONEXT may photograph and open the watch for inspection and subject it to various tests (e.g. water resistance test, accuracy test). It is the Customer's responsibility to assess whether any manufacturer's warranty is invalidated by opening the watch in accordance with the manufacturer's contractual conditions and to make inquiries in this regard. CHRONEXT shall not be liable for any damage resulting from the manufacturer's warranty being voided by testing the watches.
2.6 If, after the inspection of the watch in accordance with section 2.5, the estimated selling price is below the minimum selling price of the market value estimate in accordance with section 2.2 CHRONEXT is entitled to withdraw from the concluded commission contract within a further 14 days from the conclusion of the inspection. In this case, CHRONEXT shall either contact the Customer to reach an agreement on the minimum selling price and then send an amended offer or return the watch to the Customer within a further 14 days of the withdrawal notification. CHRONEXT shall bear the costs of the return shipment, unless the Customer has provided incorrect information about the watch or there are doubts about the authenticity of the watch. In this case, the Customer shall bear the costs of shipping to CHRONEXT, the inspection process and the return shipment.
§ 3 - Warranty/assurance of the Customer
The Customer warrants and represents that the information provided in accordance with section 2.1. is correct, that the watch is genuine, that no spare parts have been fitted, that the Customer is the legal owner, that the Customer is not subject to any restrictions in the exercise of the ownership of the watch and that the sale of the watch does not violate applicable law (e.g. because the strap is made of the leather of a protected animal species and was therefore imported in violation of applicable law).
§ 4 - Preparation of goods on consignment
4.1 The Customer agrees that CHRONEXT may recondition the watch (e.g. cleaning, polishing) and, if necessary, carry out repairs (replacement with small parts) or have them carried out after the conclusion of the commission contract in accordance with section 2 in order to increase the sales opportunities and the achievable proceeds. The costs of reconditioning shall be borne by the Customer, whereby no further consent of the Customer is required for the performance of the work in the case of reconditioning costs of up to €300 including VAT .
4.2 If the estimated reconditioning costs amount to more than €300 including VAT, CHRONEXT shall inform the Customer by e-mail and make the Customer an offer to repair or recondition the watch. If CHRONEXT has sent the offer to the Customer by e-mail, the Customer can accept the offer by declaring acceptance electronically.
4.3 If the watch is sold, the costs of reconditioning or repair shall be offset against the proceeds of the sale. If the watch is not sold, CHRONEXT shall invoice the Customer for the costs of reconditioning or repair.
§ 5 - Implementation of the Commission
5.1 CHRONEXT shall offer the commissioned watch for sale in its own name for the Customer's account for the duration of the sales period. The sales period begins on the day the watch is placed on the CHRONEXT website at www.chonext.com, i.e. from the time CHRONEXT offers the watch on the market. The placement of the watch is preceded by the inspection and possible preparation of the goods on commission in accordance with clauses 3 and 4. As a rule, the inspection and possible preparation shall take 30 days from the conclusion of the contract. The Customer is advised that the inspection may take longer in individual cases, especially if the watches have to be sent in for repair. In this case, CHRONEXT will communicate an estimated individual duration.
5.2 CHRONEXT will base the sales transaction on the terms and conditions that apply to CHRONEXT's own transactions at the time the purchase agreement is concluded. This includes, in particular, the General Terms and Conditions of CHRONEXT for Sale at the online store at www.chronext.com, as amended from time to time. It also includes any special benefits for buyers granted by CHRONEXT that go beyond the statutory right of withdrawal, such as longer periods for rights of return, installment payments or payment deferrals. CHRONEXT will apply the same standards of care when executing sales of commission products as it does for its own transactions with its own watches. This also applies in particular with regard to the credit assessment of buyers and the granting of installment payments or deferred payments.
5.3 The watch remains the property of the Customer until the sale has been completed.
5.4 CHRONEXT is entitled to sell the watch without further consulting the Customer if the selling price is at least equal to the minimum selling price pursuant to section 2.2. CHRONEXT will not sell the watch at a lower price without first obtaining the Customer's consent to the sale. CHRONEXT shall only be entitled to sell the watch at a lower sales price without consulting the customer if CHRONEXT waives the sales fee in the amount of the difference between the sales price achieved and the minimum sales price and the sales price achieved and the sales fee correspond at least to the minimum sales price, so that the Customer is not disadvantaged.
5.5 CHRONEXT shall inform the Customer immediately - within 3 working days at the latest - as soon as the watch has been sold without objection. If the watch is purchased by a consumer, the consumer has a 14-day right of withdrawal. In this case, CHRONEXT shall inform the Customer upon expiry of the withdrawal period, otherwise upon conclusion of the purchase contract.
5.6 CHRONEXT shall pay the Customer the amount equal to the sales price less the amounts specified in sections 4 (reconditioning costs) and 6 (sales fee) and a share of the shipping costs specified in the contract as soon as the watch has been sold irrevocably. In the case of a sale to a consumer, this is the case if the statutory withdrawal period of 14 days has expired. If there is a revocation, it can take up to 4 weeks before the watch is offered for sale again. § Section 392 (2) German Commercial Code (HGB) does not apply.
5.7 CHRONEXT shall be responsible for fulfilling the obligations of the buyer of the watch with whom CHRONEXT concludes the transaction for the Customer's account.
5.8 CHRONEXT shall assume the warranty vis-à-vis the buyer. If a defect is based on a deviation from the quality guaranteed by the Customer in accordance with section 3, CHRONEXT shall have a claim against the Customer for reimbursement of the costs incurred by CHRONEXT in asserting warranty claims.
§ 6 - Sales fee
CHRONEXT is entitled to a sales fee in the agreed amount when the watch is sold. The sales fee includes any sales tax. CHRONEXT shall retain the sales fee from the sales price proceeded. CHRONEXT shall also be entitled to the sales fee if the purchase contract is rescinded due to a defect and the defect is due to a deviation from the quality that the Customer has guaranteed in accordance with section 3.
§ 7 - Self-entry
7.1 CHRONEXT is entitled to take over the watch itself as buyer from the time of acceptance of the offer submitted by the Customer. In this case, the purchase price shall be at least the minimum selling price. CHRONEXT shall notify the Customer immediately of the self-purchase. In this case, the Customer shall be entitled to terminate the contract in accordance with clause 8.3.
7.2 If CHRONEXT wishes to purchase the watch at a price below the minimum selling price, CHRONEXT shall submit a corresponding offer to the Customer. The purchase contract is then concluded upon acceptance by the Customer.
7.3 CHRONEXT is also entitled to the sales fee in the event of self-entry; this will be deducted from the sales price as well as the amounts specified in section 4.
§ 8 - Termination of the Commission Agreement
8.1 The watch shall remain on sale at the agreed conditions until one of the parties terminates the Commission Agreement in accordance with the following provisions.
8.2 Either party may terminate the Commission Agreement for good cause. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date, taking into account all circumstances of the individual case and weighing the interests of both parties.
8.3 Notwithstanding termination for good cause in accordance with section 8.2, the Customer may terminate the Commission Agreement by notifying CHRONEXT in text form (e-mail is sufficient) until the sale of the watch or receipt of the notification of self-entry in accordance with section 7.1. In this case, CHRONEXT shall be entitled to the sales fee in accordance with section 6 and the Customer shall bear the costs incurred for the inspection process, repair and reconditioning as well as the costs of shipping and return shipping. If the Customer terminates the Commission Agreement within 90 days of the conclusion of the contract in accordance with this section, a processing fee of EUR 199.00 shall be payable in addition to the agreed and incurred costs in accordance with section 4 for reconditioning and any repairs.
8.4 CHRONEXT will return the watch to the Customer after the declaration of termination or notice of termination. CHRONEXT shall return the watch to the last address provided by the Customer at the Customer's expense. If the Customer is obliged to make payments in accordance with these terms and conditions, CHRONEXT has a right of retention to the watch until full payment has been made.
8.5 The Customer is obliged to take back the watch after termination of the Commission Agreement.
§ 9 - Transport insurance and delivery conditions
9.1 CHRONEXT shall take out transport insurance for the shipment and return of a watch. The Customer shall be registered as the beneficiary in the event of loss of or damage to the watch. The insurance only applies if the shipment is made via the transportation service provider specified by CHRONEXT using the shipping label provided by CHRONEXT without any changes.
9.2 CHRONEXT shall take out insurance for the shipment to CHRONEXT for the market value price in accordance with section 2.2 after the valuation of the watch minus the sales fee in accordance with section 6. In the event of loss or damage to the watch, the amount paid out to the Customer shall be based on this amount.
9.3 CHRONEXT shall take out insurance for any return shipment for the minimum sales price less the sales fee in accordance with section 6. If the watch is lost or damaged, the amount paid out to the Customer shall be based on this amount. In the event that there are doubts about the authenticity of the watch after inspection, the return shipment is not insured.
9.4 In the event that a watch is lost during transportation, CHRONEXT will arrange for an investigation to be carried out by the contracted transport company immediately after becoming aware of the potential loss. An investigation will take at least 30 working days. The amount paid out by the insurance company to CHRONEXT and due to the Customer will be transferred to the Customer within 30 days. The Customer is informed that the insurance company may request an affidavit confirming that the shipment has been made. If a requested affidavit is not submitted, the insurance company will refuse to pay the insurance benefit. In the event of refusal to provide the requested affidavit, CHRONEXT shall not be obliged to make any compensation payment to the Customer.
9.5 If the transportation company returns the shipped goods to CHRONEXT because it was unable to deliver them to the Customer, the Customer shall bear the costs for the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the service offered, unless CHRONEXT had notified the Customer of the service a reasonable time in advance (at least 48 hours).
§ 10 - Liability
10.1 CHRONEXT's liability is limited as follows:
CHRONEXT shall be liable for intent and gross negligence in accordance with the statutory provisions. In other cases - unless otherwise regulated in section 10.2 - only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, CHRONEXT's liability is excluded, unless stipulated otherwise in section 10.2. The limitations of liability shall apply accordingly in favor of CHRONEXT's employees, agents and vicarious agents
10.2 The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability for the assumption of a guarantee and under the Product Liability Act shall also remain unaffected.
§ 11 - Prohibition of set-off between entrepreneurs
The Customer, who is not a consumer, may only offset claims by CHRONEXT or assert a right of retention if its counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the claim in question.
§ 12 - Final provisions
12.1 Should individual provisions of these GTC be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining GTC.
12.2 Deviating terms and conditions of the Customer shall not become part of the contract even if CHRONEXT does not expressly object to their validity.
12.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer is a consumer and has his habitual residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
12.4 If the Customer is an entrepreneur or has no general place of jurisdiction in Germany or in another EU member state, has moved his permanent place of residence abroad after GTC come into effect or if his place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction shall be Cologne. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
12.5 Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. CHRONEXT is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12.6 Only the German version of these GTC shall prevail. Any translations into other languages merely serve to improve comprehensibility for CHRONEXT's Customers.