1.1. VintageCaliber GmbH, represented by the Managing Director Mr Simon Stern, Kistlerhofstr. 111, 81379 Munich, Germany operates the website www.vintagecaliber.de to offer for sale, among other items, used but high-quality watches.
1.2. The business relationship between VintageCaliber GmbH and the customer will be governed exclusively by the following Terms and Conditions in force at the time of the order. The customer's terms and conditions that deviate in full or in part from these Terms and Conditions do not become applicable, unless VintageCaliber GmbH has explicitly agreed to them in writing.
2. Conclusion of the purchase contract
2.1. All offers made by VintageCaliber GmbH are non-binding and subject to change. They serve the purpose of information for the customer, who is asked to make a legally binding offer.
2.2 All watches offered by VintageCaliber GmbH are guaranteed as authentic and are in the condition of the respective and precise product description. Each product description is written individually for the relevant object and thus represents the actual condition of the purchase object as exactly as possible.
2.3 The description may include detailed, high-resolution photos of the object made by VintageCaliber GmbH. All photos are exclusively taken by VintageCaliber GmbH and are subject to copyright law. All photos are provided in their original condition and are not retouched. Only colour balance, saturation, light, contrast and focus may have been corrected.
2.4 Unless otherwise stated, products are not delivered with original papers, boxes or packaging, but VintageCaliber GmbH delivers them in a neutral box with warranty card, Terms and Conditions and invoice.
2.5 Any defect of the purchase object which is clearly visible in the photos but which is not mentioned in the descriptive text is regarded “as described”. All watches on offer have been repaired, maintained and adjusted, unless otherwise stated in the description.
2.6. The customer's order is an offer to VintageCaliber GmbH to conclude a purchase agreement. In the case of online orders, the customer places a binding order by clicking on the button “order with obligation to pay”. The contract is only concluded when VintageCaliber GmbH explicitly accepts the offer. Acceptance is subject to the availability of the purchased object.
2.7. If VintageCaliber GmbH finds out during the processing of the order that the ordered watch is no longer available, the customer will be informed hereof by e-mail. VintageCaliber GmbH operates a store in Munich and in this context advises the customer that simultaneous requests in the store will be treated preferentially.
2.8. VintageCaliber GmbH will accept the customer's order by e-mail. This e-mail (order confirmation) will list details of the order and the payment. The order confirmation represents the acceptance of the offer, thus concluding the purchase contract. The content of the purchase contract is based on the content of the order confirmation and these Terms and Conditions.
3. Prices and payment terms
3.1. All prices are final prices in Euros plus the current shipping costs, which can be found on www.vintagecaliber.com. VintageCaliber GmbH points out that the sale of the contractual used goods is subject to differential taxation within the meaning of § 25a UStG and that no VAT is charged. The invoice will therefore not show the VAT separately.
3.2 The price may be adjusted (reduced) based on a previous agreement between VintageCaliber GmbH and the customer. The reduced price only applies if both parties have explicitly agreed to the price in writing.
3.3. The ordered merchandise will only be shipped after the purchase price and the shipping fees have been paid in full by the customer.
3.4. In the order confirmation, VintageCaliber GmbH will invoice the customer for the purchase price including the relevant shipping costs (see no. 5.3.) as a total price. The total price is due for payment as of the date of receipt of that e-mail (the order confirmation).
3.5. The calculated purchase price has to be paid to the account indicated by VintageCaliber GmbH by the customer within 7 working days after receiving the order confirmation.
4. VintageCaliber GmbH's right of withdrawal if customer doesn't pay in time
4.1. VintageCaliber GmbH retains the right to withdraw from the purchase contract without notice to demand payment if the purchase price is not paid within the time indicated in no. 3.5. If the customer has made partial payments by then, these will be refunded to the customer within 30 days.
4.2. VintageCaliber GmbH will declare the withdrawal in writing or by e-mail.
5. Shipping, shipping costs, passing of risk
5.1. The goods will be shipped on the same working day if the payment is received by 15 hours CET, unless otherwise agreed.
5.2. For security reasons, shipments are only dispatched on working days from Monday to Thursday. No shipping is possible on Fridays, the weekend and holidays.
5.3. Within the EU, watches with a value of up to EUR 10,000 are shipped without additional shipping costs. For the shipping of watches valued at more than EUR 25,000, VintageCaliber GmbH will prepare an individual offer.
5.4. All shipments are made fully insured and in proper and careful packaging. VintageCaliber GmbH will ship the ordered merchandise with Parcel Broker GmbH, unless otherwise agreed.
5.5 Per agreement, shipment with FedEx, TNT or other courier or postal services is possible.
5.6 Per agreement, it is also possible to personally collect / hand over the watch in Munich.
5.6. If the customer is a consumer within the meaning of § 13 BGB, the risk will pass once the merchandise is handed to the customer, meaning that VintageCaliber GmbH carries the transport risk. If the customer is in delay regarding the acceptance of the delivery, this equals the handover. If the customer is a businessperson within the meaning of § 14 BGB, the risk passes when the goods are given to the shipping company or any other person or organisation tasked with the shipment.
5.7 If the customer is a consumer, he/she has a right to withdraw from the contract. Please see the relevant instructions in no. 7.
5.8 The customer is responsible for customs, VAT or any other import fees in case of shipping to a country outside of the EU. VintageCaliber GmbH is not liable for any delay of the shipment due to import procedures and cannot pay or reimburse import fees or other relevant payments.
6. Damages during transport
The customer has to raise potential damages during transport immediately with the shipping company. In the case of complaints, the customer must describe the defect exactly and inform VintageCaliber GmbH thereof in writing no later than 3 days from the receipt of the shipment.
7. Right to withdrawal
7.1 You have the right to withdraw from this contract within fourteen days without providing reasons. The 14 days are counted from the day on which you or a third party authorised by you, but not the shipping company, has received the merchandise. To exercise your right to withdrawal, you must inform us unequivocally about your decision to withdraw from this contract (e.g. by letter, fax or e-mail).
Phone: +49 (0) 160 952 76 430
7.2 If you withdraw from this contract, we have to refund you all payments received from you, including shipping costs (with the exception of additional costs incurred by your choice of a different shipping method than the cheapest standard method offered by us) without delay and no later than within fourteen days from the day on which we received your withdrawal notice.
7.3 VintageCaliber GmbH has the right to withhold the refund until we receive the merchandise.
7.4 VintageCaliber GmbH will use the same payment method for the refund that you used for the original transaction, unless otherwise agreed.
7.5 VintageCaliber GmbH will collect the merchandise at its own expense with Parcel Broker GmbH.
7.6 You are only liable for the potential loss in value of the merchandise if that loss in value is due to you handling the object in a way that was not necessary to check the condition, properties and functioning of the watch.
7.7 The customer must return all documents and the packaging as well as any items included in the shipment of the purchased object.
8. Warranty, liability, damages
8.1. If the customer is a business, liability for defects of used merchandise is excluded.
8.2. If the customer is a consumer, the claim for damages due to defects is excluded. The remaining warranty rights are subject to a limitation of one year in the case of used products.
8.3. Exempt from the warranty are the accuracy of the watch, impermeability (both for damage caused by water or by sweat), wear and tear of the wristband and regular wear and tear (scratches to body, glass, wristband, unprotected gems or other ornaments) of the used product, unless the product description by VintageCaliber GmbH states otherwise.
8.4. VintageCaliber GmbH is not liable for defects caused by the improper handling of the merchandise by the purchaser or by third parties. The same applies to normal wear and tear.
8.5. Removing labels, stickers or other markings required for identification of the product will lead to the loss of any claims for warranty whatsoever.
8.6. The warranty elapses as soon as the customer or a third party attempts to repair the watch independently. In that case, there cannot be any reimbursement for maintenance or repair.
8.7. Potential exclusions of liability do not apply to intentional or grossly negligent acts by VintageCaliber GmbH and its agents, nor to injuries to life or health of the customer, nor to culpable breaches of contractual duties by VintageCaliber GmbH or its agents, and ultimately not regarding guaranteed characteristics.
8.8 Any costs or losses incurred by the customer due to the use of the provided watch or any potential malfunctions are excluded from this warranty. Damages for the breach of essential contractual duties is limited to foreseeable contract-typical losses.
8.9 VintageCaliber GmbH will only cover shipping costs caused by the use of the warranty if this has been agreed in advance.
9. Procurement risk
VintageCaliber GmbH does not assume any procurement risk and may withdraw from the contract if VintageCaliber GmbH does not receive the contractual merchandise from the supplier or producer without its own culpability (intent or negligence).
10. Set-off and right to retention
10.1. The customer may only offset counterclaims that are not disputed by VintageCaliber GmbH or which have been determined by a court without any further possibility to appeal.
10.2. The customer is only entitled to exercise a right to retention insofar as his/her counterclaim rests on the same contractual relationship.
11. Identification for transactions of more than EUR 15,000
11.1. In fulfilment of VintageCaliber GmbH's obligations in accordance with the German Money Laundering Act, cash amounts of more than EUR 15,000 will only be accepted or paid out after previous identification of the customer in accordance with the following clauses.
11.2. If the customer is a natural person, identification requires the presentation of a government-issued photo ID (identity card or passport).
11.3. If the customer is a legal entity, VintageCaliber GmbH requires an excerpt of the company register or a comparable public register or listing, the documents of incorporation or documents of similar value of evidence or access to the register or listing.
12. Sale on consignment
12.1. VintageCaliber GmbH also offers to accept watches on consignment and to sell them as commission agent on behalf of the consigner, who remains the owner of the respective watch.
12.2. VintageCaliber GmbH will inspect the watch carefully and then accept it on consignment after reaching an agreement with the consigner about the intended sale price. The consigner will receive a receipt of consignment stating the price which he/she will receive if the consignment merchandise will be sold.
12.3. VintageCaliber GmbH informs the consigner without delay once the consignment has been carried out.
12.4. The consignment revenue will generally only be paid out after the buyer's withdrawal right has expired.
12.5. In the case of complicated mechanical cases, like eternal calendars, minute repetition, tourbillon, split-second chronographs, lunar-phase and similar watches, VintageCaliber GmbH retains the right to pay out the consignment revenue to the consigner only after a maximum time of 12 weeks will have elapsed in order to offset the amount of potential expenses incurred within that time by purchasers making claims under no. 8. After this time has elapsed and out of goodwill, VintageCaliber GmbH will not seek reimbursement of expenses from the consigner.
14.1 All texts displayed on the website www.vintagecaliber.de and all descriptions, pictures and graphics, excluding the Chrono24 banner and lettering, as well as the website's layout are the exclusive intellectual property of VintageCaliber GmbH. Any copy or use without prior written permission by VintageCaliber is not permitted.
14.2 VintageCaliber GmbH does not act as an official dealer of any watch manufacturer(s). VintageCaliber GmbH is not connected with any watchmaker in any way. All trademarks, names and designs are the property of the respective owner.
15. Applicable law, jurisdiction
15.1. The legal relationship between the parties is governed by the law of the Federal Republic of Germany, excluding the UN Agreement on the International Sale of Goods. In the case of consumers, this choice of law does only apply insofar as it does not withhold protections granted by the mandatory law of the country in which the consumer is a habitual resident.
15.2. If the customer is a businessperson, a public entity or a separate estate under public law without a domestic residence, the courts in Munich have exclusive jurisdiction for all disputes arising directly or indirectly out of the contractual relationship.
15.3 Subsidiary agreements or additions to these Terms and Conditions are only binding if they are made in writing in accordance with § 126b BGB.