GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF PRE-OWNED WATCHES

 

1 Definitions

PO-goods: Pre-Owned watches, i.e. not new watches, but watches from previous ownership including the associated enclosures and all accessories such as proof of purchase, warranty cards, certificates, watch box, additional straps/strapping elements, service documents or similar.

Pre-Owned purchase: Bucherer offers to purchase watches from private owners. 

Seller: In these GTC, the Seller is the natural person who wishes to sell their PO-goods to Bucherer and sends a purchase enquiry to Bucherer for this purpose. In these GTC, the masculine form is representative of persons of all genders.

Online purchase process: The Seller's enquiry, the processing of sending the PO-goods from the Seller to Bucherer and the conclusion of the purchase contract are generally handled via online channels (in particular e-mail and/or online notification via the Bucherer webshop or the Bucherer app) and by telephone. 

Offline purchase process: The Seller's enquiry is possible both online and offline in the offline purchase process. However, the handover of the PO-goods and the conclusion of the purchase contract must be carried out in a Bucherer sales shop. For PO-goods whose sales price exceeds the amount of 15,000.00 euros, only the offline purchase process is possible. 

Buy-in: Bucherer pays the purchase price to the Seller by transferring the agreed purchase price to the account designated by the Seller in the Seller's name. 

Trade-in: Bucherer pays the purchase price by handing over a Bucherer voucher in the amount of the specified trade-in purchase price in the name of the Seller (only possible in the offline purchase process).

 

2. SCOPE OF APPLICATION AND CONTRACTUAL PARTNERS

2.1. For the business relationship between BUCHERER Deutschland GmbH, Riedlerstraße 57, 80339 Munich, Germany, (hereinafter "Bucherer") and the Seller (hereinafter "Seller") for transactions in connection with the purchase of PO-goods, the following General Terms and Conditions for the Purchase of Pre-Owned Goods (hereinafter "GTC") apply.

2.2. The offer for Pre-Owned Purchase via the online purchase process and the offline purchase process is aimed exclusively at natural persons of legal age who have their habitual residence in the territory of Germany, Austria or Denmark and can provide a corresponding residential address. The sale of PO-goods by the Seller is only permitted for consumers, i.e. for any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

2.3. Other contractual terms and conditions, in particular those which the Seller declares to be applicable together with the acceptance of the contract, are only valid if and insofar as they have been expressly accepted by Bucherer in writing. Other general terms and conditions of Bucherer also do not apply to this pre-owned purchase.

2.4. If the offline purchase process ("delivery in a sales shop") is selected by the Seller or if this is specified by Bucherer due to the value limit of the PO-goods being exceeded, Bucherer will take over the further processing in its own name and for its own account upon entering the respective sales shop. The Seller will be informed of any change of contractual partner in the offline purchase process. If the Seller does not wish the sales transaction to continue, he can cancel the sales process at any time without giving reasons. He can enquire with Bucherer whether it is possible to continue the online purchase process for his PO-goods. If the Seller agrees to the continuation of the purchase process through the sales transaction, these General Terms and Conditions shall no longer apply and the contractual provisions applicable in the respective Bucherer sales transaction shall apply with the Seller's consent. These will be handed over to the Seller on site.

 

3. Valuation enquiry and sales offer from the Seller

3.1. In order for Bucherer to submit an initial non-binding purchase offer to the Seller, Bucherer requires precise information (brand, model, condition, details of the purchase, photos. Further information can help to achieve the best possible price, but is not mandatory) about the PO-goods to be sold (see also Section 8) and the Seller's contact information (surname, first name, e-mail, telephone). This information can be transmitted by the Seller to Bucherer via online channels. Based on the information received, Bucherer decides whether the PO-goods are generally suitable for purchase or not. Bucherer is under no obligation to submit an offer. If Bucherer is generally interested in a purchase, Bucherer will first provide the Seller with a non-binding estimate as well as the contractual conditions by e-mail or via an online notification and invites the Seller to submit a purchase offer on this basis (invitatio ad offerendum). The Seller can accept the non-binding estimate within ten (10) days by confirming it in his customer account and submitting a purchase offer to Bucherer, unless Bucherer stipulates a different acceptance period. This does not constitute a purchase agreement between Bucherer and the Seller; rather, by accepting the estimate, the Seller declares his own offer to sell the PO-goods to Bucherer at the purchase price offered by Bucherer and under the communicated conditions.

3.2. In the event of a rejection of the offer or if within the agreed period (cf. section 3.1) no response is sent to Bucherer by the Seller, Bucherer's non-binding estimate will expire.  

3.3. If the Seller proceeds on the basis of Bucherer's non-binding estimate (see section 3.1), he must provide Bucherer with his bank details, which are required by Bucherer for the transfer of the purchase price (in euros), in the event that a contract is concluded at a later date. The bank account must be in the name of the Seller and held at a financial institution in the EU. The Seller is responsible for providing correct bank details. Bucherer is not liable for incorrect information provided by the Seller. 

 

4. Sending the PO-goods to Bucherer for the purpose of checking and accepting the Seller's purchase offer

4.1. Bucherer will provide the Seller with instructions for sending the PO-goods to Bucherer together with a delivery note. The PO-goods must be packaged and protected by the Seller in such a way that they can withstand the usual transport irregularities and reach Bucherer in good condition. The PO-goods are shipped at Bucherer's risk; if Bucherer discovers upon receipt of the PO-goods that they are damaged due to defective packaging, Bucherer will inform the Seller of this immediately. Bucherer is not liable for damage caused by improper packaging by the Seller.

4.2. Bucherer selects the transport company and assumes the costs for the delivery of the PO-goods including insurance up to the maximum amount specified by Bucherer to the Seller in the non-binding purchase offer (section 3.1). The insurance is only valid if the shipment is made via the transport company selected by Bucherer and the delivery note provided by Bucherer is used. If the PO-goods are lost in transit, the data of the PO-goods will be communicated to the manufacturer for the purpose of recording the loss/theft in the database; in this case, the watch will be able to be located in the event of subsequent possession by an authorised dealer (e.g. in the context of sale or repair).   

4.3. As soon as the PO-goods have arrived at Bucherer, they will be unpacked using video tracking and the Seller will be informed by e-mail or online notification that the PO-goods have arrived at Bucherer and that the PO-goods will be checked within the next four (4) working days. 

4.4. The PO-goods are then analysed by Bucherer to check the quality (condition of the goods), originality and ownership. If the PO-goods are found to not correspond to the information provided by the Seller or if Bucherer requires further information on the PO-goods, Bucherer can contact the Seller.  

4.5. Bucherer decides on the basis of the above-mentioned review whether Bucherer accepts the offer made by the Seller to purchase the PO-goods or rejects the purchase of the PO-goods. 

4.6. If Bucherer rejects the purchase of the PO-goods, the Seller will be notified by e-mail or online notification within five (5) working days after receipt of the PO-goods. Bucherer will return the PO-goods immediately after this notification to the address provided by the Seller at its own expense and risk (unless the Seller has provided incorrect information, or the authenticity of the PO-goods is doubtful. In this case, the Seller shall bear the costs of shipping and returning the PO-goods) or return them to the Seller in person at the Bucherer sales outlet where the Seller handed over the PO-goods to Bucherer upon presentation of official identification. 

4.7. If Bucherer wishes to purchase the PO-goods, Bucherer accepts the offer made by the Seller within five (5) working days after receipt of the PO-goods by notifying the Seller by e-mail or via an online notification.

 

5. Sales and terms of payment

The sale of the PO-goods by the Seller to Bucherer is concluded upon acceptance of the offer submitted by the Seller (see section 3.1). Subject to the fulfilment of the following conditions (Section 6 to 11), Bucherer undertakes to transfer the agreed Euro purchase price to the Seller within twenty (20) working days after receipt or transfer of the PO-goods to the bank account designated by the Seller (buy-in). The Seller bears the exchange rate risk as well as any exchange rate fees when transferring to a non-euro bank account. Payment of the purchase price does not constitute a waiver of statutory warranty rights.

 

6. Dealing with counterfeits and non-compliant models

6.1. By submitting the purchase offer, the Seller assures Bucherer that the PO-goods are original, i.e. "model-compliant PO-goods" (model composition authorised by the respective manufacturer) and not (neither in part nor as a whole) a counterfeit. Counterfeit goods are goods manufactured with the intention to deceive or processed goods that claim to have been produced by or on behalf of a manufacturer by (partially) using the manufacturer's trademark. In particular, the Seller assures Bucherer that the goods consist only of original parts from the manufacturer.

6.2. If Bucherer determines during the inspection that the PO-goods are counterfeit, this will be documented. Counterfeit goods are goods manufactured or processed with the intention to deceive.

6.3. Bucherer may investigate the counterfeit further in order to obtain information about the origin of the PO-goods. If there is a suspicion of counterfeiting, Bucherer may forward the PO-goods to the manufacturer for clarification. Bucherer is also authorised to file a complaint with the responsible authorities and to hand over the PO-goods to them upon their request. 

6.4. If Bucherer has handed over PO-goods to an authority by official order, Bucherer is no longer responsible for the PO-goods. Bucherer will inform the Seller of the circumstances of the confiscation and the information provided by the authorities, insofar as Bucherer is authorised to do so. Beyond this, Bucherer is not obliged to provide the Seller with any further information.

 

7. Ownership

7.1. The Seller must be the owner of the PO-goods that he wishes to sell to Bucherer. With the sales enquiry and any subsequent acceptance of the offer, the Seller warrants that he is the legal and sole owner of the PO-goods and that he is not restricted in any way in his right to dispose of the goods. In particular, the Seller warrants the following:

1. The Seller has become the legal owner of the PO-goods.

2. The transfer of the PO-goods to Bucherer does not conflict with the rights of third parties (right of ownership, lien, usufruct, etc.) or other rights restricting or encumbering the Seller's ownership or ability to dispose of the goods, including contractual rights.

3. The PO-goods are not subject to a (secret) financing agreement; and

4. The PO-goods have not been reported as stolen or lost to the manufacturer or the police or any other authority or person, neither by him nor by a third party known to him. 

 

7.2. Ownership of the PO-goods is transferred to Bucherer when they are handed over/sent to Bucherer and the purchase price is paid. 

7.3. If it turns out that the Seller is not or is not the sole owner of the goods, Bucherer is entitled to withdraw from the concluded purchase contract in addition to the other rights and legal claims.

 

8. Verification of ownership, authenticity, and origin 

8.1. In order to prove the rightful ownership and authenticity of the PO-goods, the Seller shall provide Bucherer with all information and documentation (e.g. date and place of purchase, serial number of the PO-goods, name/company of the Seller, receipts, warranties, repair and maintenance logbooks of the manufacturer, etc.) necessary to verify his ownership and the authenticity of the goods in the original and unsolicited. He assures Bucherer of their completeness and accuracy and authorises Bucherer to obtain from third parties (including the manufacturer, original seller, police, other authorities, etc.) all information and documentation necessary to inspect the goods. In addition, Bucherer may transmit the Seller's data at the request of the manufacturer, the police, or other authorities.  

 

9. Proof of identity

9.1. In accordance with legal regulations, Bucherer has a duty of control to the effect that proof of ownership must be requested from the Seller in order to rule out negligent handling of stolen goods. The Seller must therefore identify himself with a valid identification document (valid passport or identity card) at Bucherer's request. 

9.2. In the online purchase process, the identification of the Seller can be carried out after acceptance of the provisional purchase offer and before sending the PO-goods to Bucherer by means of an identity check via an identification document at Bucherer's request.

 

10. Proper customs clearance

10.1. The Seller assures Bucherer that he has properly cleared the PO-goods in Germany, if he has purchased them abroad, and if required by law, that he has paid any applicable taxes. 

10.2. Bucherer is entitled to demand that the Seller hand over the relevant documentation and customs papers as proof of proper customs clearance.

 

11. Warranty and liability  

11.1. The Seller does not grant any guarantee or warranty of quality on the PO-goods with the exception of confirmation of ownership/authorisation to dispose, originality/authenticity and proper customs clearance in accordance with Section 6-8 and 10. Subject to Section 6-8 and 10, Bucherer accepts the goods as seen and inspected..

11.2. If Bucherer is sued by third parties, in particular with regard to the ownership, the power of disposal, the authenticity and the proper customs clearance of the object of purchase, the Seller shall indemnify Bucherer in full against all claims in this regard (including any legal fees and court costs incurred). 

11.3. In the event of claims for damages, Bucherer's liability is limited to damages caused by Bucherer intentionally or through gross negligence. Liability for other forms of negligence is excluded, unless the damage was caused by Bucherer through

a) injury to life, body, or health,
b) breach of material contractual obligations.

However, in the event of a slightly negligent breach of material contractual obligations, Bucherer's liability is limited to the amount of reasonably foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of a contract and on whose compliance the Seller regularly relies.

 

12. Data Protection

12.1. With regard to the processing of your personal data, we refer you to our data protection information, which is available at https://www.bucherer.com/at/en/legal-privacy/data-protection-provisions.

 

13. Applicable law

13.1. The contract concluded between the parties shall be governed by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, this choice of law shall not apply to the extent that these General Terms and Conditions or German law would deprive the Seller of protection that would be granted to it by the mandatory provisions of the country of its habitual residence without the choice of law.

 

14. Final provisions

14.1. Should individual provisions of these GTC and/or the contract be or become invalid, this shall not affect the validity of the contract and the validity of the remaining provisions. The same applies in the event of a loophole. In place of the invalid provision or to fill the loophole, a provision shall be agreed that best corresponds to the economic result of the original intention and the contractual purpose documented in the contractual provisions and these GTC.

14.2. Amendments and additions to the contract must be made in writing to be effective. This does not apply to individual agreements, which can also be effectively concluded in verbal form.

 

EU version July 2024