Terms and conditions for purchase
1. Scope
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") of Uhren2000 GmbH, Bahnhofstraße 56, 74321 Bietigheim-Bissingen, Germany (hereinafter referred to as "Buyer"), apply to all contracts for the purchase of used goods that a consumer or entrepreneur (hereinafter referred to as "Seller") concludes with the Buyer. The inclusion of the Seller's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2. A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
2.1 The Seller may submit a request to submit an offer to purchase the goods in person at the Buyer's store or by telephone, email or using the purchase form provided on the Buyer's website.
2.2. The buyer sends the seller an offer to purchase the goods based on the seller's information in person at his shop, by telephone, email or post. The buyer's offer is subject to the seller's information regarding the condition of the goods being correct and the seller sending the goods to the buyer within 7 days of receiving the offer for the purpose of checking the condition if contact is made by telephone.
2.3. The buyer reserves the right to make the seller an offer adapted to the goods and their condition if the goods or their condition do not correspond to the seller's information. The seller can accept the new offer within seven days of receipt by making a corresponding declaration of acceptance to the buyer, whereby receipt by the seller is decisive. If the last day of the deadline for accepting the counter-offer falls on a Saturday, Sunday or a public holiday recognized by the state at the seller's headquarters, the next working day takes the place of such a day. If the counter-offer is accepted within the deadline, a contract is also concluded.
3. Condition inspection, exclusion of goods
3.1. The seller agrees that the buyer may examine the items sent in or provided for the purpose of checking their condition. If this could result in any existing warranty and/or guarantee claims being lost, the buyer will only inspect the items.
3.2. The following items are excluded from purchase:
• modified watches,
• defective and/or damaged watches (normal signs of wear excluded),
• Counterfeit products.
4. Delivery of goods
Unless otherwise agreed, the buyer will have the goods collected from the seller for inspection purposes at his own expense and with adequate insurance by a specialised valuables transport service provider. The risk of accidental loss and accidental deterioration of the goods during transport is borne by the buyer.
5. Return of goods
5.1. Unless otherwise agreed, in the event that a purchase agreement is not concluded, the buyer will return the goods to the seller using a specialised valuables transport service provider, with sufficient insurance, to the delivery address specified by the seller. The return of the goods is at the buyer's expense and risk. This does not apply to items that are excluded from purchase in accordance with section 3.2. For such items, the seller bears the cost and risk of return.
5.2. After receiving the return shipment, the seller is obliged to check the shipment for completeness and possible damage. The seller must immediately inform the buyer of any complaints. If the seller does not comply with his obligation to give notice of complaints, the return shipment is deemed to have been approved.
5.3 If the parties have agreed that the goods should no longer be returned to the seller but should instead be destroyed or donated, the buyer will dispose of or donate the goods at his own expense.
6. Right of disposal, exemption
6.1. The seller warrants that he has the right to sell the goods to the buyer and to transfer ownership of them. The seller further warrants that the goods are free from any third-party rights.
6.2. The seller indemnifies the buyer against all justified claims by third parties that are asserted in connection with a violation of third-party rights in relation to the goods delivered to the buyer. The seller also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the seller is not responsible for the violation of rights. In the event of a claim by third parties, the seller is obliged to provide the buyer with all information that is necessary for the examination of the claims and for a defense without delay, truthfully and completely.
7. Payment of the purchase price, transfer of ownership
7.1. The buyer undertakes to pay the agreed purchase price to the seller in the event of the conclusion of the contract. Unless otherwise agreed, the purchase price is to be paid within 2 days of the conclusion of the contract by transfer to the bank account specified by the seller.
7.2 Upon payment of the purchase price, ownership of the goods shall pass to the purchaser.
8. Liability for defects
The seller is liable for material or legal defects in the delivered goods in accordance with the statutory provisions. Clause 6.2 remains unaffected by this.
9. Applicable law, contract language
9.1. All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
9.2 The contract language is German.
10. Alternative dispute resolution
10.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
10.2. The Purchaser is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
