CHRONEXT AG - General Terms and Conditions
(AS OF 12.07.2024)
§ 1 - Scope of application
1.1 These General Terms and Conditions for the Sale of Watches (hereinafter: GTC) apply to all contracts concluded between the
CHRONEXT Service Germany GmbH
Leitradlofts, Lichtstr. 25
50825 Cologne
Cologne, Germany
support@chronext.com
Phone: +49 221 9825 9056
(hereinafter: CHRONEXT)
and the customer of the purchased watch (hereinafter: Customer) via the website www.chronext.com. The GTC apply regardless of whether the Customer is a consumer or an entrepreneur.
1.2 These GTC apply to the free use of the online store at www.chronext.com (hereinafter: online store), as well as to all contracts concluded with the Customer via the online store. However, these GTC do not apply to purchase contracts concluded in a CHRONEXT store on site.
1.3 The version of the GTC valid at the time the contract is concluded shall apply.
1.4 The Customer is also able to sell watches to or as a commission transaction via CHRONEXT. In this case, the General Terms and Conditions for the acquisition and for the commission also apply.
1.5 The Customer is also entitled to trade in watches owned by him in connection with the purchase contracts concluded in accordance with these GTC. The General Terms and Conditions for the trade-in of watches also apply in this case.
§ 2 - Conclusion of contract
2.1 The listing and advertising of items in the online store does not constitute a binding offer to conclude a purchase contract.
2.2 By submitting an order via the online store by clicking on the "Buy" button, the Customer places a legally binding order. The Customer remains bound to the order for a period of one week after placing the order; the right to revoke the order, if applicable, in accordance with Section 10 remains unaffected.
2.3 CHRONEXT shall immediately confirm receipt of the order placed via the online store by e-mail, in which the Customer's order is listed again. Such an e-mail is for documentation purposes only and does not constitute a binding acceptance of the order unless, in addition to confirming receipt, it also declares acceptance.
2.4 The receipt of the Customer's offer is followed by a review phase. A contract is only concluded when CHRONEXT accepts the order by sending a 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 delivering the ordered items.
2.5 CHRONEXT is entitled to reject contractual offers without giving reasons. In this case, CHRONEXT will inform the Customer of the rejection of the offer by e-mail. Any payment received will be refunded immediately. The payment method used for the original transaction will be used for this refund, unless expressly agreed otherwise with the Customer.
2.6 CHRONEXT 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 immediately of the unavailability of the goods and to refund any payments made without delay. The same payment method that was used for the original transaction will be used for this refund, unless expressly agreed otherwise with the Customer.
§ 3 - No conclusion of contract upon request for viewing in the store
The Customer also has the option to request watches for viewing on site at CHRONEXT or in a CHRONEXT store without obligation. If the Customer makes use of this option, no binding contract for the purchase of the watch in question shall be concluded between CHRONEXT and the Customer. CHRONEXT shall endeavor to procure the requested watch for inspection, but is not obliged to do so. In individual cases, CHRONEXT reserves the right to demand a down payment from the Customer before CHRONEXT procures the watch. In addition, the Customer may make a voluntary down payment of any amount (e.g. using means of payment that are not available on site) when requesting to view the watch on site. The down payment does not oblige the Customer to purchase, nor does it oblige CHRONEXT to sell. CHRONEXT will refund the down payment to the Customer on request within 5 working days (the payment instruction by CHRONEXT is decisive) without interest. In the event that the down payment was made in cash, the refund will be made by bank transfer to the account specified at the time of payment.
§ 4 - Prices and payment methods
4.1 All prices quoted in the online store are gross prices including statutory VAT and do not include shipping costs (see section 5 below). All prices are quoted in EUR, CHF, GBP or USD depending on the selection.
4.2 The total amount to be paid, including shipping costs, is due for payment immediately. The following payment methods are available to the Customer:
Direct debit (4.3.)
Credit card (4.3.)
Bank transfer (prepayment)
Financing (4.4.)
Ratepay (4.5.)
Klarna (4.6.)
4.3 Direct debit and credit card payment: If the collection of the claim fails, the Customer shall reimburse CHRONEXT for the additional costs incurred, provided that the Customer is responsible for the failure.
4.4 In the event of financing of the purchase price, the financing commitment does not constitute acceptance of the purchase contract. The contract is concluded in accordance with section 2 of the GTC.
4.5 If the Customer chooses Ratepay as the payment method, payments with debt-discharging effect can only be made to Ratepay. CHRONEXT assigns the purchase price claim arising from the order, including any ancillary claims, to Ratepay GmbH. Ratepay thus becomes the holder of the claim. Further details can be found in the Ratepay terms of payment and in the Ratepay data protection provisions.
4.5.1 Ratepay on account: Customers within Germany, Austria and Switzerland can pay with Ratepay purchase on account. The Customer receives the invoice from CHRONEXT by e-mail after placing the order. After receiving the goods, the Customer has 14 days to pay the outstanding amount by bank transfer. The account details of Ratepay can be found on the invoice.
4.5.2 Ratepay Installments: In addition to purchase on account, Customers within Germany and Austria can also use Ratepay purchase by installments as a payment method.
4.6 Klarna:
4.6.1 Klarna Pay Later: With Klarna Pay Later, Customers can order the watch with the option to pay within 30 days to view at home before they commit - without interest or additional fees. Payment is made directly to Klarna Bank AB with debt-discharging effect. CHRONEXT assigns the purchase price claim from the order, including any ancillary claims, to Klarna Bank AB. Klarna thus becomes the holder of the claim. Further details can be found in the Klarna terms of payment and in the Klarna privacy policy.
4.6.2 Klarna Pay Now: With Klarna Pay Now, Customers can pay for their purchase immediately by secure bank transfer via Klarna.
4.6.3 Klarna Pay Over Time: With Klarna Pay Over Time, Customers can choose the option to spread the costs over 6-36 months in the form of financing. In this case, the Customer fills out a simple credit application in real time and receives a decision immediately. Alternatively, Customers can choose to pay for their purchase in 3 or 4 installments using their credit card or bank account. The installment payments from the preferred financing source are automatically debited each month. Payment is made directly to Klarna Bank AB with debt-discharging effect. CHRONEXT assigns the purchase price claim from the order, including any ancillary claims, to Klarna Bank AB. Klarna thus becomes the holder of the claim. Further details can be found in the Klarna terms of payment and in the Klarna privacy policy.
§ 5 - Delivery and shipping
5.1 The products sold by CHRONEXT are shipped by the shipping service providers specified in section “shipping costs”.
5.2 The Customer shall bear the shipping costs. The amount of the shipping costs is shown in the shipping price overview, which can be viewed at this link. The binding shipping costs are also displayed in the order overview before the order is placed.
5.3 Goods purchased via CHRONEXT will only be shipped with transport insurance by the shipping partners listed under CHRONEXT shipping costs.
5.4 Shipping to the following countries: Australia, Austria, Bahrain, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, Estonia, Finland, Metropolitan France, Germany, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, Turkey, United Kingdom, USA.
5.5 If the Customer orders goods from CHRONEXT for delivery outside the EU, they may be subject to import duties and taxes, which are levied as soon as the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer; CHRONEXT has no control over these charges. Customs regulations vary greatly from country to country, so the Customer should contact their local customs authority for more information. The Customer is considered the importer of record for orders placed with CHRONEXT and must comply with all laws and regulations of the country in which the Customer receives the products. Cross-border shipments are subject to opening and inspection by customs authorities.
5.6 The expected delivery time is indicated to the Customer in the respective product description and applies from receipt of payment. The delivery time may be subject to the usual fluctuations in postal delivery and may be delayed by force majeure and other events beyond the control of CHRONEXT and its vicarious agents.
5.7 If the order is made by partial deliveries, the Customer will only be charged for the shipping costs incurred for the first partial delivery.
5.8 If the Customer revokes the contractual declaration in accordance with Section 10, reimbursement of costs already paid for shipping (shipping costs) may be demand under the statutory conditions.
§ 6 - CHRONEXT guarantee and CHRONEXT partial revision
6.1 CHRONEXT provides its Customers with an extended guarantee ("CHRONEXT Guarantee") under certain conditions. The CHRONEXT Guarantee is valid for 24 months from the date of purchase and applies exclusively to clockworks. During the first 12 months, the conditions of the statutory warranty shall apply exclusively. From the 13th month onwards, CHRONEXT guarantees to the Customer the following additional services for all watches in the event of a justified complaint:
a.) Repair of the watch by a specialist. CHRONEXT will cover the working hours of the watchmaker carrying out the repair as part of the warranty service. Spare parts that have to be procured for the repair will be charged to the Customer.
b.) The costs for the spare parts shall be communicated to the Customer in writing prior to procurement and must be confirmed by the Customer prior to procurement.
The Customer shall bear the costs of transporting the watch under the CHRONEXT Guarantee. The Customer must notify CHRONEXT in writing by e-mail or by post of any claim under the CHRONEXT Guarantee. The Customer must describe the defects complained about to CHRONEXT in this letter. CHRONEXT will then arrange for the watch to be collected from the Customer. If the conditions for claiming the CHRONEXT Guarantee are not met, the Customer will be informed of this, stating the reasons. The liability rights according to section 8 remain unaffected.
6.2 The CHRONEXT Guarantee does not apply in the following cases:
The repair of damage caused intentionally by the Customer is generally excluded from the CHRONEXT Guarantee.
The repair of water damage is generally excluded from the CHRONEXT Guarantee.
CHRONEXT will only undertake repairs that can be carried out by a CHRONEXT watchmaker. These are in particular the repair or replacement of faulty parts and the regulation and adjustment of the watch and individual parts. Repairs by the manufacturer are generally excluded from the CHRONEXT Guarantee.
The obligation to provide CHRONEXT Guarantee service shall not apply if the spare part can demonstrably not be procured outside CHRONEXT's area of responsibility or if the manufacturer does not supply the spare part.
Bracelets, glasses, crowns and all wearing parts as well as damage not caused by natural or normal wear and tear are excluded from the CHRONEXT Guarantee.
The costs for any necessary materials and spare parts shall be borne by the Customer. The Customer shall be informed of the expected material and spare parts costs before the repairs are carried out and the Customer can decide whether the repair should be carried out.
6.3 Furthermore, CHRONEXT is not obliged to provide CHRONEXT Guarantee services in accordance with section 6.1 if it is impossible to provide the services.
6.4 CHRONEXT will arrange for the watch to be collected from the Customer and will return the watch to the Customer after the service. The transportation is carried out as insured transport of valuables. The costs for this shall be borne by the Customer. The amount of the transportation costs is based on the table shown on the CHRONEXT shipping costs page. The transportation costs include transport insurance. The Customer may choose a different mode of transportation to CHRONEXT at his own request and risk.
6.5 In the event of resale by the Customer, the CHRONEXT Guarantee shall expire.
6.6 The Customer must provide proof that the goods delivered are actually the goods purchased from CHRONEXT. Goods sent in by mistake will be returned immediately.
§ 7 - Obligations of the Customer
7.1 The Customer is not permitted to take any measures or actions that could result in an unreasonable or excessive overload on the CHRONEXT technical infrastructure.
7.2 Customers may not block, overwrite or modify any content generated by CHRONEXT or interfere with the CHRONEXT website in any other way.
7.3 The content stored on the CHRONEXT website may not be copied or distributed or used or reproduced in any other way without the prior consent of the copyright holder. This also applies to copying by means of "robot/crawler" search engine technologies or other automatic mechanisms.
7.4 CHRONEXT is entitled to block Customer accounts if there is a suspicion of fraudulent or other misuse of a Customer account. CHRONEXT will inform the Customer of a block by e-mail if the purpose of the block is not jeopardized by the information.
§ 8 - Liability of Chronext
8.1 CHRONEXT always endeavors to ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the CHRONEXT website may also be interrupted or restricted from time to time to allow for repairs, maintenance or the introduction of new facilities. CHRONEXT will endeavor to limit the duration and frequency of these temporary interruptions.
8.2 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 8.3 - 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), the liability is limited to compensation for foreseeable and typical damage. In all other cases, CHRONEXT's liability is excluded, unless otherwise stipulated in section 8.3. The limitations of liability shall apply accordingly in favor of CHRONEXT's employees, agents and vicarious agents.
8.3 The above exclusions of liability in accordance with clause 8.2. 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.
§ 9 - Warranty
9.1 The statutory warranty rights apply to all contracts between CHRONEXT and the Customer.
9.2 Liability for defects in used goods shall be excluded vis-à-vis entrepreneurs as Customers; this shall not apply in the case of gross negligence or intent; in the case of new goods, the warranty rights shall expire within six months of the transfer of risk.
9.3 Warranty rights vis-à-vis consumers shall expire within two years from the transfer of risk in the case of new goods and within one year in the case of used goods.
9.4 Normal signs of wear and tear (e.g. scratches on the housing/strap) do not constitute defects under sales law in the case of used goods.
9.5 Damage caused by improper handling of the goods by the Customer is excluded from the warranty.
§ 10 - Right of withdrawal for consumers
10.1 If the Customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), they are entitled to a right of withdrawal in accordance with the statutory provisions.
10.2 If the Customer as a consumer makes use of the right of withdrawal according to section 10.1, the Customer has to bear the regular costs of the return shipment.
10.3 In all other respects, the right of revocation is governed by the provisions set out in detail in the following
Withdrawal policy
I. Right of withdrawal
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 on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to withdraw, you must inform us (CHRONEXT Service Germany GmbH, Lichtstraße 25, 50825 Köln, Deutschland, Phone +49 221 975 806 04, E-Mail info@chronext.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form , but this is not mandatory. You can send the sample withdrawal form or another clear declaration. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
II Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods, if applicable) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
- End of the withdrawal policy
10.4 The right of withdrawal does not apply to distance contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 11 - Reservation of title
11.1 CHRONEXT shall retain title to the goods until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without CHRONEXT's consent.
11.2 The Customer is obliged to treat the goods with care until the purchase price has been paid in full.
§ 12 - Copyrights
CHRONEXT holds the copyright to all images, films and texts published in the online store. Use of the images, films and texts is not permitted without express consent.
§ 13 - 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.
§ 14 - Final provisions
14.1 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.
14.2 Deviating terms and conditions of the Customer shall not become part of the contract even if CHRONEXT does not expressly object to their validity.
14.3 The law of the Federal Republic of Germany under the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply. 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.
14.4 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 these 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, Germany. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
14.5 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 ist neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
14.6 Only the German version of these General Terms and Conditions shall apply. Any translations into other languages merely serve to improve comprehensibility for CHRONEXT's Customers.