Last Update: 03.06.2016
Please note that this is a translation of our German Platform Terms and Conditions. Our Platform Terms and Conditions only apply as defined in the German version.
1.1Chrono24 GmbH, Haid-und-Neu-Str. 18, D-76131 Karlsruhe, Germany (hereinafter “Chrono24”) is the operator of Chrono24 online marketplace for quality watches (hereinafter “platform”). The following “general platform terms and conditions” apply to the free use of the platform.
1.2The general platform terms and conditions can be downloaded and printed in the current version at http://www.chrono24.com.au/info/agb.htm for the duration of the agreement.
Sending the online registration represents a legally binding offer to form a contract with Chrono24. The user shall be notified by e-mail of receipt of his/her registration enquiry. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link. The user account will not become active until it is activated by Chrono24. A visitor agreement shall only come into effect when the user account is activated by Chrono24.
3.1Chrono24 offers registered users the technical possibility of contacting watch sellers via the platform (section 5).
3.2Chrono24 itself does not offer items for sale on the platform. Sellers’ ads retrievable on the platform do not represent any legally binding offer of sale to enter a purchase agreement, but are merely a non-binding invitation to the provider to submit offers of sale.
3.3Any contractual relationship will be formed exclusively between the seller and the user. Outside the Trusted Checkout Service, Chrono24 is neither a representative nor a messenger of the dealer or the user. The fulfillment of contracts initiated on the platform shall also take place exclusively between the seller and the user.
Registration, User Account and User Information
4.1Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.
4.2A current e-mail address and a password are required to register. The e-mail address and the password also serve as login details. Only one user account can be created with the same e-mail address. The e-mail address is also used for communication with Chrono24 and is essential for all contractually relevant correspondence between Chrono24 and the user.
4.3The password is confidential and care must be taken to ensure that access to the user account is secure. Users are obliged to notify Chrono24 immediately if there are signs that a user account has been misused by third parties.
4.4The user account is strictly personal. The user is not entitled without the express consent of Chrono24 to transfer the profile to a third party. Neither is the user entitled without the express consent of Chrono24 to enable third parties to access his/her user account using his/her login details.
4.5The user shall in principal be liable for all activities that take place while using his/her user account. The user shall not be liable if he/she is not responsible for the misuse of his/her user account because there is no breach of the existing duty of care.
Use of the Platform
5.1Chrono24 provides free functions to registered users, which facilitate use of the platform, particularly the search for offers (e.g. notepad, chronography), and management of user accounts. Registered users can also enjoy improved communication with providers.
5.2Chrono24 may change the use of the platform, or individual functions, or the scope in which individual functions can be used at any time.
5.3Registration is free of charge.
"Express Sale" Service
Description of Service and Process
6.1.The Express Sale Service provides users the free-of-charge option to offer sales objects on the platform (hereinafter “”Request For Proposal” or “RFP). RFPs the user submits via the Express Sale Service do not constitute a binding offer to enter into a purchase contract. RFP merely constitute an invite request to dealers to submit legally binding offers (hereinafter “offer”) to the user within a specified period of time.
6.2.RFP are submitted anonymously and are visible on the platform for dealers using the Express Sale Service only. The user can dispose of submitted RFP via the user account and reply to dealer’s inquiries. Correspondence between dealer and user is carried out anonymously via the user account. An anonymized version of correspondence between dealer and user can be accessed by dealers using the Express Sale Service.
6.3.The user is informed about submission and amount of dealer’s offers anonymously (without displaying dealer’s specifications) when dealer submits an offer. Offers are submitted in the users’s currency, unless the user states a different currency in their RFP.
The user can access dealer’s specifications by pressing the button “Proceed to Acceptance”. In this case, the dealer is provided with user’s specifications as stored in user account. No purchase contract is concluded by this proceeding. Acceptance of an offer and conclusion of a purchase contract are carried out between dealer and user individually. The user’s RFP is deleted from platform, as soon as the user is provided with dealer’s specifications; in this case, the user rejects other dealers’ offers.
6.4.Chrono24 advises users to thoroughly examine dealers’ purchase offers and purchase conditions before entering into purchase contract.
6.5.Chrono24 will endeavor to ensure that RFPs provided on the platform are up-to-date. Chrono24 may set a time limit on accessibility of RFPs. Chrono24 automatically deletes or rejects user’s RFPs and dealer’s offers after expiry of such time limit.
6.6.Chrono24 is not obliged to publish RFPs on the platform and may reject publication at any time without having to state reasons for this decision. Chrono24 is entitled to block or delete RFPs fully or partially, when there is suspicion of violation of laws or these terms and conditions.
6.7.In case user rejects a RFP, present offers from other dealers for the respective sales object are rejected.
Obligations of the User
6.8.The user is obliged to describe sales objects RFPs accurately and correctly. The user has to truthfully state all essential characteristics and features as well as defects, potentially diminishing the value of the sales object. Users are obliged to answer dealers’ inquiries with regard to the sales object truthfully and to the best of their knowledge and judgement.
6.9.The user shall ensure to be in possession of the offered sales object and entitled to sell it. The user shall further ensure that sales objects are original and not plagiarized goods.
6.10.The user is obliged to observe applicable law (such as competition and criminal law) when creating a RFP and publishing contents on the platform. The user also undertakes not to breach the rights of any third parties (for example, patent, trademark, copyright and data privacy laws). Particularly, the user shall ensure that publication of images and contents on the platform does not infringe the rights of any third parties. The user is prohibited, in particular, from offering articles on the platform, if the offer, the sale or the acquisition of the sales object infringes legal guidelines or the rights of third parties. The user is also prohibited from publishing such sales offers on the platform.
6.11.For the purpose of publishing RFPs and advertising the platform, the user shall grant Chrono24 a simple, irrevocable usage right that is unrestricted in terms of space, time and content, and transferable to third parties, to the posted or imported content. Chrono24 is at any time entitled to reproduce, edit and use the contents in this respect. This includes the right to reproduce, distribute, and communicate said contents to the public, in particular the right to render said contents publicly accessible. Chrono24 is, in particular, permitted to use sales offers and any included content, in whole or in part, for advertising purposes in order to promote the platform or use of the platform. The user waives the right to be named as the author of the content.
General User Obligations
7.1The user must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the platform and/or overloading it. This particularly includes:
7.2Users may search for commercial offers on the platform solely by means of the search forms provided by Chrono24. Avoiding the search forms, particularly by using automated search software to access Chrono24’s databases, is not permitted when searching for offers.
7.3Data and contents obtained or made accessible to the user through search queries or using the platform may not be used in full, in part or as extracts
7.4The user may not use the platform to send any messages with advertising content without the approval of the recipient (particularly spam).
7.5The user shall notify Chrono24 without delay if any disruption occurs while using the platform or its functions. The same shall also apply if the user finds out that commercial offers or contents published by third parties clearly infringe prevailing law or third-party rights.
Term of Contract, Termination, Blocking
8.1The visitor agreement is for an indefinite period and can be terminated with immediate effect at any time.
8.2The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. A good cause for Chrono24 to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses 4.3, 4.4, 6.8, 6.9 or 6.10 of this agreement.
8.3In the event of a good cause that allows termination without notice, Chrono24 may at its discretion deny access to the user account instead of termination. Chrono24 may also block access if the user has not used his/her login details for a period of at least one year.
8.4Termination will result in the user not having access to his/her user account.
8.5Termination by Chrono24 shall be deemed valid, amongst other things, if the user is duly notified at the e-mail address that he/she has provided. Terminations by the user must be given in writing or by using the relevant function to delete the user account on the platform.
Warranty and Liability
9.1Chrono24 strives to provide and operate a non-disruptive and durable platform. This is naturally restricted to services over which Chrono24 has an influence. The user however acknowledges that full, uninterrupted platform availability is not technically feasible. Chrono24 is particularly at liberty to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work, capacity considerations and due to other events outside the power of Chrono24.
9.2Chrono24 does not in principal pre-check the contents and commercial offers posted on the platform. Chrono24 cannot therefore give an assurance that the information and commercial offers posted on the platform are correct, accurate, reliable, up-to-date, applicable and/or complete. There is no claim either that the contents and commercial offers as posted are free from defects.
9.3Chrono24 is not liable in the case of an ordinary negligent infringement of obligations, which are not material obligations, whose initial fulfilment enables the due performance of the agreement and compliance with which the user may regularly depend upon.
9.4Liability is excluded to the extent permitted by law for ordinary negligence of duty affecting the availability of the platform or its contents.
9.5The above liability restrictions apply analogously in the case of damage caused by authorised agents, particularly partners. Chrono24 is not liable for the actions of users or other third parties. Neither do such third parties act as vicarious agents for Chrono24. Liability for indirect and consequential damages is – to the extent permitted by law – excluded.
9.6The liability of Chrono24 for malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.
9.7Within the Trusted Checkout service, Chrono24 acts as a commercial agent on behalf of the Dealer. Chrono24 itself will not become a contracting party to purchase contracts initiated via the Trusted Checkout Service. The user can assert warranty claims for defects of Purchased Objects originating from such purchase contracts exclusively against the Dealer, he concludes a purchase contract for a watch with.
Right of Indemnity
11.1The user shall hold Chrono24 and its staff and/or appointees harmless from all third-party claims in the event that a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with use of the platform or services of Chrono24 (such as "Express Sale") by the user.
11.2The user shall undertake to reimburse Chrono24 all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defence, which Chrono24 would incur to defend itself from third-party claims. In this case Chrono24 shall notify the affected user without delay of the legal defence measures to be taken.
12.1If one or more provisions of the contractual provisions are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.
12.2The law of the Federal Republic Germany applies.
12.3Chrono24 shall notify the user in written form of any amendments to these provisions without the individual amended provisions or the new version of the provisions in its entirety having to be sent or otherwise communicated; it shall be sufficient to notify the user that an amendment has been made and to provide a link to the amended General Terms and Conditions. If the user fails to object to the amendment in written form within 14 days of being informed of such, the amendment shall be deemed to have been accepted; Chrono24 shall make reference to this fact in its notifications of amendment.
12.4Chrono24 is entitled to transfer this visitor agreement, including all additional agreements with all right and obligations, to a company of its choice. In the event that this agreement is transferred to another company, the user shall have a special right of termination, which must be asserted in writing within 14 days of notification by Chrono24. In this notification Chrono24 shall refer separately to the significance of the user’s action.
12.5The place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal grounds, is – if and to the extent that the user is a merchant – Karlsruhe.