For Buyers:

General Terms and Conditions of Sale Watch Shot UG

  1. Preamble

Watch Shot UG is an internet auction house for watches, which we offer to consumers via the website www.watch-shot.com. Please read the following general terms of contract carefully with regard to the exact actual and legal processing of our service. Thank you very much!

  1. Contractual partner 

The contractual partner is Watch Shot UG, Brunshofstr. 12, D-45470 Mülheim, Tel.: +49 (0) 208/89926949 (hereinafter also referred to as “Watch Shot”).

  1. User account

If you are interested in participating in our auctions, you must first open a user account. As buyers we only register users who are consumers in the sense of § 13 BGB (German Civil Code).

Apart from your name and contact details for any queries and for sending the goods by post, we do not require any data from you, as the purchase price is settled via a notary’s escrow account. Please refer to our information on data protection for details of how we handle your personal data.

You are responsible for the security of your user account. Please keep your login information safe to avoid misuse.

We may at our sole descretion block your user account.In this case we will notify by email.

Furthermore, for reasons of data protection, we delete user accounts after 2 years which have either not been used or in which the user has not provided all the necessary information.

The user account is not transferable.

  1. Subject of the contract

The subject matter of the contract is the purchase of watches by way of internet auction.

As a buyer, you may submit a binding offer for a watch offered by us. Until the end of the auction, you also have the option of bindingly outbidding other offers by paying a higher purchase price. As a rule, the highest bid at the end of the auction will be accepted and we will confirm the conclusion of the purchase contract by email. However, we expressly reserve the right not to consider bids whose seriousness we might have doubts about.

If an object of purchase is offered with the option of “buy it now” and you have used this option, the contract of purchase shall only be concluded with our confirmation email. If a higher bid is received between your use of the above-mentioned option and our confirmation e-mail, the option shall be regarded as a normal offer and the auction shall be continued until the end of the auction. In this case we shall inform you by email.

  1. Payment processing

After receipt of the confirmation email, you shall transfer the total purchase price stated therein to the designated notary account. As soon as the notary has confirmed receipt of payment to us, we shall send you the object of purchase by value-in-transit. At the same time we shall send you an email with a declaration of release to the notary, which you shall forward to the notary when you have received it.

The purchase price will be paid to us by the notary if he has either received the above-mentioned release declaration in text form or if the statutory revocation period of 14 days has expired without a timely revocation by you.

  1. Remuneration
    For our work we charge a fee of 2.5 per cent of the purchase price, up to a maximum of EUR 250.00 plus VAT at the statutory rate. Furthermore, you bear the shipping costs of a flat rate of EUR 60.00 including VAT.
  2. Retention of title

Until receipt of the full purchase price by us (i.e. receipt in our account from the notary’s account) and the expiry of the revocation period (see point 8 below), the object of purchase remains our property.  

  1. Dispatch of the object of purchase

The object of purchase will be shipped by cash-in-transit to the address provided by you.

  1. Revocation

You have the right to revoke the purchase contract within 14 days after the conclusion of the purchase contract, i.e. the receipt of our confirmation email (see above under point 4), without stating any reasons. To meet the deadline, it is sufficient for you to send the cancellation in good time. You can use the following sample text, but you are not bound to it as long as you clearly declare your decision to revoke the contract.

Sample text for revocation:

By letter to:

Watch Shot UG, Brunshofstr. 12, D-45470 Mülheim, Germany

By email to: 

widerruf@watch-shot.de

Text: 

Dear Sir/Madam,

I/We hereby revoke the purchase contract concluded by me/us for the purchase of the following object of purchase (designation of the object of purchase) dated (date of confirmation)

Date of declaration

Name and address of the revoking party

Signature of revoking party (if on paper)

  1. Dispute settlement procedure

Watch Shot does not participate in the dispute resolution procedure before the NRW e.V. consumer arbitration board, Reichensperger Platz 1, 50670 Cologne or the general consumer arbitration board of the Zentrum für Schlichtung e.V., Strassburger Str. 8, 77694 Kehl or other comparable arbitration boards in the event of property disputes arising from the contractual relationship.

  1. Severability clause / formal requirements

(1) Should any provision of these contractual terms and conditions be or become invalid or unenforceable, this shall not affect the legal validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid or enforceable provision shall be deemed to have been agreed which comes closest in economic terms to what was intended by the contracting parties. The same shall apply in the event of a loophole in the contract.

(2) Amendments, supplements or the cancellation of these contractual conditions or of the order placed shall be made in text form. This formal requirement shall only be waived in text form.

 

For Sellers:

General Terms and Conditions of Purchase Watch Shot UG

  1. Preamble

Watch Shot UG is an internet auction house for watches which we offer to consumers via the website www.watch-shot.com to companies and consumers. These contractual conditions are addressed only to our contractual partners from whom we purchase watches. Please read the following general terms of contract carefully with regard to the exact actual and legal handling of our service. Thank you very much!

We purchase the watches which are to be auctioned/sold from consumers as well as entrepreneurs as contractual partners at a sales price stated by them under the condition precedent that this watch is purchased by a consumer (hereinafter referred to as “final purchaser”) at this sales price plus the individual fees stated below and that the revocation period for the purchaser has expired without revocation. In order to secure payment, the final purchasers accept an advance payment of the final price to a notary’s escrow account.

The handling of the sale may differ depending on whether the seller acts as an entrepreneur or consumer. We will refer to such differences in the following General Terms and Conditions.

  1. Contractual partner

The contractual partner is Watch Shot UG, Brunshofstr. 12, D-45470 Mülheim, Tel.: +49 (0) 208/89926949 (hereinafter also referred to as “Watch Shot”).

  1. User account

If you are interested in selling us a watch, you must first open a user account. As a seller, we only register users who are entrepreneurs in the sense of § 14 BGB (German Civil Code).

Apart from your name, your bank details for the transfer of the purchase price, your postal address in case of possible returns and contact details for possible queries, we do not need any data from you. Please refer to our information on data protection for details of how we handle your personal data.

You are responsible for the security of your user account. Please keep your login information safe to avoid misuse.

We may at our sole descretion block your user account.In this case we will notify by email.

Furthermore, for reasons of data protection, we delete user accounts after 2 years which have either not been used or in which the user has not provided all the necessary information.

As a commercial user, you are prohibited from placing bids on watches offered by us with your user account. Our offer is directed exclusively at consumers in the sense of § 13 BGB (German Civil Code).

The user account is not transferable.

  1. Subject of the contract

The subject matter of the contract is the purchase of watches which are then sold by us in our own name by way of an internet auction or internet sale. We only purchase watches in the following condition categories:

  • New = Brand new without signs of wear.
  • Unworn = as new without signs of wear, at most minimal signs of storage if the watch is from a stock.
  • Very good = Worn with no or only barely visible signs of wear; glass, hands, dial, case and movement are in very good condition and in a state of maintenance appropriate to the age of the watch.
  • Good = Slight to visible signs of wear or scratches; the glass, hands, dial, case and movement are in good condition and repairs have been carried out using original parts only.

You offer us watches at a minimum price specified by you, which we pay to you (see point 5 in detail). Should the watch be sold above your minimum price, you will receive the excess proceeds less our remuneration share (see point 6 in detail). The selling price is

  • for entrepreneurs a net price plus sales tax in the statutory amount for unused watches
  • for entrepreneurs in the case of used watches, the gross price stated by you (as a reseller, we only subject the resale to differential taxation in accordance with § 25 a UstG, so that the sale to us is not subject to VAT).
  • for consumers, the gross price you specify.

You grant us a limited right to use the photos you send us for marketing your watch, both for our website and for other advertising measures (e.g. social media).

You undertake not to sell the watch offered to us to third parties or offer it for sale to third parties until the end of the auction/sale period specified by you. In the event of a successful auction/sale of the watch to a final purchaser, this obligation shall apply until the occurrence of the condition precedent mentioned in the previous paragraph.

If we accept your offer, we will confirm this by email.

In principle, our acceptance of an offer is subject to the condition precedent that we resell your watch to a final purchaser. The expiry of the revocation period of 14 days to which the final purchaser is entitled is deemed to be the occurrence of the condition.

You shall not to sell or offer to sell the watch offered to us to any other person until the auction has ended. If the watch is auctioned succesfully this obligation shall maintain until the above mentioned condition precedent has been fulfilled.

As soon as the purchase price has been received, we will notify you of this by email and we will arrange a pickup order for the watch within two working days after our notification by valuable-in-transit at the address you have provided.

  1. Payment processing

To secure the sale of your goods, the end buyers are obliged to pay the purchase price payable to us in advance into a notary’s escrow account. The notary shall pay out the purchase price to us as soon as the 14-day revocation period of the end purchaser has expired.

As soon as we have received the money, we will inform you by email. The purchase price minus our remuneration (see point 6 below) is then to be paid to the account named by you after 5 bank days at the latest.

  1. Remuneration

As an entrepreneur, the remuneration for our activity of auctioning/selling and shipping to the buyer amounts to 3.49 percent of the sales price stated by you including VAT at the statutory rate, currently 19 percent. Furthermore, you bear the costs of shipping of a flat rate of EUR 60.00 including VAT.

As a consumer, the remuneration for our activity of auctioning/selling and shipping to the buyer is 4.99 percent of the sales price stated by you including VAT at the statutory rate, currently 19 percent. Furthermore, you bear the cost of shipping of a flat rate of EUR 60.00 including VAT.

Our remuneration is due and payable as soon as we have sold your watch to one of our customers and the purchase price has been received in the notary’s account.

As an entrepreneur, you will issue us an invoice for the net sales price of the watch with sales tax shown, in the case of new watches, or an invoice with gross amount in accordance with § 25 a UstG in the case of used watches, so that the sale to us is not subject to sales tax. You will receive an invoice for our payment with sales tax.

As a consumer, you will receive a confirmation of payment for the purchase price of your watch and an invoice for our remuneration with VAT.

  1. Rights of withdrawal

We have a right of withdrawal in the following cases:

7.1 The watch sold by you or the accompanying documents do not originate from the alleged manufacturer (plagiarism and/or forgery).

7.2 The watch sold by you does not have the required condition (see point 4 above).

7.3 Our end purchaser is exercising his right of revocation.

  1. Assignment of the warranty rights

You assign to us all warranty and guarantee rights to which you are entitled in respect of the watch towards the manufacturer at the moment of the occurrence of the condition precedent. We herewith accept this declaration of assignment.

  1. Warranty claims

Should the end purchaser file a warranty claim, the following options are open to us if you sold as an entrepreneur:

We can have the watch repaired within the framework of the manufacturer’s warranty assigned to us by you.

If you are a company that has the necessary qualifications to repair watches (master watchmaker company), you shall carry out the work necessary to remedy the defect free of charge, whereby you shall only use original spare parts for the repair.

If you do not possess the above mentioned qualifications, we may first attempt to have the watch repaired under the manufacturer’s warranty assigned to us by you. If this is not possible, we may carry out the repair ourselves or have it carried out by a specialist company and you shall bear the costs of this measure.

The limitation period for warranty claims arising from the purchase contract concluded between us commences with the occurrence of the condition precedent.

If you have sold us the watch as a consumer, warranty claims are excluded with the exception of the assignment according to point 8 of these conditions.

  1. Severability clause / formal requirements

(1) Should any provision of these contractual terms and conditions be or become invalid or unenforceable, this shall not affect the legal validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid or enforceable provision shall be deemed to have been agreed which comes closest in economic terms to what was intended by the contracting parties. The same shall apply in the event of a loophole in the contract.

(2) Amendments, supplements or the cancellation of these contractual conditions or of the order placed must be made in text form. This formal requirement can only be waived in text form.