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CHRONEXT AG - General Terms and Conditions

(AS OF 08.04.2022)

§ 1 - Subject matter of the contract and description of services

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the free use of our online shop (hereinafter referred to as "Online Shop"), as well as to all contracts concluded via the Online Shop with you as our customer (hereinafter referred to as "Customer" or "Buyer") and are equally directed to entrepreneurs within the meaning of § 14 BGB ("Entrepreneurs") and to consumers within the meaning of § 13 BGB ("Consumers"). These General Terms and Conditions do not apply to purchase contracts concluded on-site in any of our CHRONEXT retail shop.

1.2 The contracts between the customer and the

CHRONEXT Service Germany GmbH
Lichtstraße 25
50825 Köln
Deutschland
Telefon +49 221 975 806 04
E-Mail: info@chronext.com

shall come into effect, unless expressly agreed otherwise.

The respective company is hereinafter referred to as "CHRONEXT".

1.3 Purchase of products directly from CHRONEXT The customer can buy watches of different brands directly from CHRONEXT in our online shop ("Purchase").

1.4 Instant sale and mediation of a product purchase by CHRONEXT As a consumer, the customer can also sell watches via our online shop. In this case, the special provisions of the "Commission Transactions for Consumers within the Meaning of § 13 BGB as Consignor" ("Commission Provisions"), which can be viewed here, apply in addition. In the event of contradictions between these GTC and the Commission Provisions, the provisions of the Commission Provisions shall prevail.

§ 2 - Conclusion of contract

2.1 Listing the respective product in the online shop does not constitute a binding offer to conclude a purchase contract by CHRONEXT to the customer. 2.2 To purchase products in the CHRONEXT online shop, the customer can place the selected goods in the shopping basket and enter the order data in the order mask provided. After choosing the shipping method and the desired payment method and accepting these general terms and conditions, the customer submits his binding offer by clicking on the "Buy" button.

2.2.1 CHRONEXT will then send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by CHRONEXT and does not constitute acceptance of the offer.

2.2.2 A review phase follows the receipt of the customer's offer. Acceptance by CHRONEXT shall only be effected by means of an express declaration of acceptance (order confirmation) to the customer by e-mail by the end of the seventh working day following the day of the offer at the latest or by sending the goods. CHRONEXT is entitled to reject contractual offers without stating reasons. In this case, CHRONEXT will inform the customer of the rejection of the offer by means of a declaration by e-mail.

2.2.3 CHRONEXT also reserves the right to withdraw from the contract if the goods are not in stock from a carefully selected and reliable supplier through no fault of CHRONEXT (reservation of self-supply). In such a case, CHRONEXT undertakes to inform the customer about the goods' non-availability immediately and to refund any payments made without delay. If payment was made in cash, the refund will be made by bank transfer to the account designated by the customer at the time of payment.

2.2.4 The customer can conclude the contract in German, English or Russian.

2.2.5 CHRONEXT saves the contract text of the order (in compliance with data protection laws), and the customer can print it out before sending his order to us by clicking on "Print" in the last step of the order process. We will also send the customer a confirmation of receipt as well as an order confirmation with all order data to the e-mail address provided by the customer.

2.3 The customer also can request watches to be viewed on-site at CHRONEXT or at a CHRONEXT shop without obligation. If the customer uses this option, no binding contract for the purchase of the respective watch is concluded between CHRONEXT and the customer. CHRONEXT will endeavour to procure the requested watch for viewing but is not obliged to do so. In individual cases, CHRONEXT reserves the right to request a down payment from the customer before CHRONEXT procures the watch. In addition, the customer may make a voluntary down payment in an amount of their choice (e.g. with means of payment that are not available on-site) when requesting an on-site inspection. The down payment neither obliges the customer to purchase nor CHRONEXT to sell. Upon request, CHRONEXT will refund the deposit to the customer without interest within 5 working days (the payment instruction by CHRONEXT is decisive). If the deposit was paid in cash, the refund will be made by bank transfer to the account designated by the customer at the time of payment.

§ 3 - Prices and payment methods

3.1 CHRONEXT offers the customer various payment methods, which can be viewed in detail at the following address: CHRONEXT Payment Methods.

3.2 The prices at the time of the order apply. All prices are quoted in EUR, CHF, GBP or USD, depending on the selection, and include VAT. Shipping costs are not included in this price and will be displayed separately in the order process.

3.3 In the purchase contracts between CHRONEXT and the customer, the total amount payable, including shipping costs, is due immediately.

3.4 If the collection of the claim fails, the customer shall reimburse CHRONEXT for the additional costs incurred, insofar as the customer is responsible for the failure.

3.5 In the event of financing the purchase price, the financing commitment shall not constitute acceptance of the purchase contract. The contract shall be concluded in accordance with § 2 of the GTC.

3.6 Ratepay payment methods

If you have selected a Ratepay payment method, payments with debt discharging effect can only be made to Ratepay. Further details can be found in the Ratepay Terms of Payment and in the Ratepay Data Privacy Statement.

1.) Ratepay Open Invoice

All our customers within Germany, Austria and Switzerland can pay with Ratepay Open Invoice. You will receive the invoice from us by email after placing your order. After receiving the goods, you have 14 days to pay the outstanding amount by bank transfer. Please refer to the invoice for Ratepay account details.

2.) Ratepay Instalments

In addition to open invoice, all our customers within Germany and Austria can pay by instalments via Ratepay.

§ 4 - Shipping and delivery

4.1 The products sold by CHRONEXT are shipped by shipping providers listed under Chronext shipping costs .

4.2 Customer bears the shipping costs. The amount of the shipping costs is calculated on the basis of the shipping cost overview, which can be viewed under Chronext shipping costs . The binding shipping costs are also displayed in the order overview prior to submitting the order.

4.3 Goods purchased from CHRONEXT are only despatched by the shipping partners listed under Chronext shipping costs and are covered by transport insurance.

4.4 Shipments are made to the following countries: Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Qatar, Romania, Russia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, Turkey, USA.

4.5 The expected delivery date is indicated to Customer in the respective product description and counts from receipt of payment. The delivery time may be subject to the usual variability of postal deliveries and may be delayed by force majeure and other events outside the control of CHRONEXT and its agents.

§ 5 - Guarantee and CHRONEXT partial inspection

5.1 CHRONEXT shall provide its Customers with an extended warranty ("CHRONEXT Guarantee") under certain conditions. The CHRONEXT Guarantee shall apply from the purchase date for a period of 24 months and refers solely to clockworks. During the first 12 months, the terms of the statutory warranty shall apply exclusively. From the 13th month on, CHRONEXT also guarantees to Buyer the following services for all watches in the case of a justified complaint:

  1. Repair of the watch by an expert. The hours worked by the watchmaker are borne by CHRONEXT under the Guarantee. Replacement parts that have to be procured for the repair work are invoiced to Customer.
  2. The Customer is informed in writing of the replacement part costs prior to procurement and such costs shall be confirmed by Customer prior to procurement.

Transportation costs for the watch under the CHRONEXT Guarantee shall be borne by Customer. Any claim under the CHRONEXT Guarantee must be communicated by Customer in writing by e-mail or mail. The defect in question must be described by Customer in this written communication to CHRONEXT. CHRONEXT shall then collect the watch from Customer. If the conditions for a claim under the CHRONEXT Guarantee are not met,Customer shall be notified of this stating the reasons. Warranty rights under Section 7 remain unaffected.

5.2 Exclusions:

  1. Removal of damage deliberately caused by Customer.
  2. Removal of water damage is generally excluded from the CHRONEXT Guarantee.
  3. CHRONEXT shall only carry out repairs that can be fixed by CHRONEXT's own watchmaker. These are in particular the maintenance or repair of defective parts, the regulation and adjustment of the watch and individual parts. Repairs carried out by the manufacturer are generally excluded from the Guarantee.
  4. There is no obligation for performance under the Guarantee, if the replacement part cannot be demonstrably obtained outside the responsibility of CHRONEXT or the manufacturer does not deliver the replacement part.
  5. Watch straps, glass, crowns and all parts subject to wear and tear as well as any damage not caused by natural or normal wear and tear shall be excluded from the Guarantee.

Costs for any material and replacement parts needed shall be borne by Customer. Customer shall be notified of the estimated material and replacement part costs before the repairs are carried out and Customer can decide whether the repairs are to be carried out.

5.3 Furthermore, CHRONEXT shall not be required to provide any services under the Guarantee, if the provision of such services is not possible.

5.4 CHRONEXT shall have the watch picked up from Customer and returned to Customer after the service. It is transported as insured valuables. The associated costs shall be borne by Customer. The transport costs are based on the table shown on the page Chronext shipping costs . Transport costs include transport insurance. Customer may at its own request and risk choose another shipping method for transporting the watch to CHRONEXT.

5.5 The Guarantee shall expire on a resale by the purchaser.

5.6 The Customer has to provide proof that the goods delivered are actually the goods acquired at CHRONEXT. Goods sent in error will be returned immediately.

§ 6 - Customer's obligations

6.1 Customer shall not be permitted to unreasonably overload the technical infrastructure of CHRONEXT.

6.2 Customer may not block, overwrite or modify any contents generated by CHRONEXT or disrupt the CHRONEXT website in any other way.

6.3 The contents stored on the CHRONEXT website may not be copied or disseminated or otherwise used or reproduced without the previous consent of the legal owner. This shall also apply to copying using "robot/crawler" search engine technologies or other automatic mechanisms.

6.4 CHRONEXT shall be entitled to block customer accounts, if it is suspected that a customer account is being used in a fraudulent manner or misused in other ways. CHRONEXT will notify Customer of the blocking, if the purpose of the blocking is not jeopardised by the notification.

§ 7 - Our liability

7.1 CHRONEXT strives to always ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Further, access to the CHRONEXT website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. CHRONEXT strives to limit the duration and frequency of these temporary interruptions.

7.2 CHRONEXT bears unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.

7.3 In cases of slight negligence, CHRONEXT shall be liable in the event that material contractual obligation is infringed. A material contractual obligation within the meaning of this section is an obligation, the performance of which only allows the contract to be executed and upon the performance of which the contractual partner may therefore regularly rely.

7.4 CHRONEXT shall not be liable under Section 7.3 for lack of economic success, loss of profits and indirect losses.

7.5 Liability under the above Section 7.3 shall be limited to losses typical and foreseeable as at the date of the conclusion of the contract.

7.6 The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of CHRONEXT.

7.7 Any liability of CHRONEXT for guarantees given and claims under the Product Liability Act shall remain unaffected.

§ 8 - Warranty

8.1 The statutory warranty rights shall apply to all contracts concluded between CHRONEXT and the Customer.

8.2 Liability for defects in used goods shall be excluded for Purchasers who are Entrepreneurs; this shall not apply in case of gross negligence or intent; warranty rights for new goods shall lapse within six months following the transfer of risk.

8.3 Warranty rights shall lapse for Consumers within two years following the transfer of risk for new goods and within one year for used goods.

8.4 Ordinary wear and tear marks (e.g. scratches on the case/band) do not constitute defects under sales law.

8.5 Damage caused by the improper handling of the goods by Purchaser shall be excluded from the liability for defects.

§ 9 - Right of withdrawal for Consumers

9.1 Cancellation policy If you are a consumer and no contract within the meaning of Section 9.3 exists, you have a right of revocation in accordance with the following instructions:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession or has taken possession of the goods. In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the period begins on the day on which you or a third party named by you who is not the carrier took or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (CHRONEXT Service Germany GmbH, Lichtstraße 25, 50825 Cologne, Germany, telephone +49 221 975 806 04, e-mail info@chronext.com) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the communication about the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless you have expressly agreed otherwise. In the event that the payment was made in cash, the repayment will be refunded by bank transfer to the account you specified at the time of payment. Under no circumstances will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of the cancellation of the contract. The deadline is met if you send the goods before the fourteen-day period has expired.

We shall bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary for the inspection of the condition, properties and functioning of the goods.

End of the cancellation policy

9.2 Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

MODEL WITHDRAWAL FORM

9.3 The right of withdrawal does not apply to distance contracts for the delivery of goods that are not manufactured in advance and the manufacturing of which requires an individual choice or design by Consumer or that are clearly tailored to the personal requirements of Consumer.

§ 10 - Reservation of title

10.1 The goods shall remain the property of CHRONEXT until the purchase price is paid in full. The goods may not be pledged, transferred by way of security, processed or reconfigured without the consent of CHRONEXT.

10.2 Purchaser shall undertake to handle the goods with care until the purchase price is paid in full.

§ 11 - Information on online dispute resolution

The EU Commission operates a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 12 - Final provisions

12.1 Deviating business terms and conditions of Customer shall not form part of the contract even if CHRONEXT does not expressly dispute their validity.

12.2 Customer may only offset against claims of CHRONEXT or assert a right of retention if its counterclaim is undisputed, a legal title exists or the counterclaim is synallagmatically in proportion to the respective claim in question.

12.3 The law of the Federal Republic of Germany applies under the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply for Consumers with regard to such mandatory consumer rights, which – according to the law applicable if this clause would not exists (which is in general the law of Consumer’s primary residence) – are legally compulsory and cannot be waived by parties‘ agreement.

12.4 Exclusive venue for any and all disputes with regard to this contract is Cologne, provided the parties of the contract are merchants or Customer has no place of general jurisdiction in Germany or in another member state of the European Union or its permanent or habitual residence is transferred abroad after entry into force of these Terms and Conditions or permanent or habitual residence is not known at the time the action is filed.

12.5 If individual provisions of this Terms and Conditions are or become ineffective and/or contradict legal provisions, the effectiveness of the remaining Terms and Conditions shall not be affected thereby.