General terms and conditions of business
1. Scope of Application
1.1 These General Terms and Conditions (GTC) govern the use of the online platform [Name of the Platform] (hereinafter referred to as the “Platform”), operated by [Operator, address, email, and, if applicable, commercial register entry].
1.2 The platform is intended for users worldwide, with legal requirements primarily based on the regulations of the European Union (EU).
1.3 The platform allows users (hereinafter referred to as “Sellers” and “Buyers”) worldwide to offer and purchase watches and related products.
1.4 The platform itself does not act as a seller or buyer but merely provides the technical infrastructure for sales.
1.5 Deviating or supplementary terms and conditions of users do not apply unless explicitly confirmed in writing by [Operator].
2. Registration and User Account
2.1 Use of the platform requires registration.
2.2 Users must be of legal age and have full legal capacity under the laws of their country of residence.
2.3 Registration must be completed with accurate and complete information. Changes must be updated promptly in the user account.
2.4 Each user may only create one account. Multiple registrations or fake accounts are prohibited.
2.5 The platform may reject registrations or suspend accounts in the event of violations of these GTC.
2.6 Users are solely responsible for the security of their login credentials.
3. Use of the Platform and Contract Conclusion
3.1 Sellers can create listings for watches on the platform.
3.2 Product descriptions must be complete, accurate, and truthful, including details on brand, model, condition, original packaging, accessories, and any defects.
3.3 By posting a listing, the seller makes a binding offer to sell the watch.
3.4 Buyers purchase a product by accepting the offer.
3.5 The purchase contract is concluded directly between the buyer and the seller. The platform is not a party to the contract.
3.6 Sellers must ensure they own and are able to deliver the listed watches.
3.7 After purchase, the seller is obliged to ship the watch within the specified period and provide the buyer with a tracking number.
4. Fees and Payment Processing
4.1 The platform is generally free of charge for buyers.
4.2 Sellers pay fees according to the current fee schedule [link to fees].
4.3 Payments must be made in one full transaction. Installments are not accepted.
4.4 Payment processing is only available to registered users. Payments without prior registration are not possible.
4.5 The platform may integrate payment service providers such as PayPal, Stripe, or regional providers. Their terms and conditions also apply.
4.6 The seller is responsible for any applicable transaction fees or taxes according to the laws of their country.
4.7 If a payment fails or is reversed, the platform may suspend the user account until the issue is resolved.
5. International Sales, Shipping, and Customs
5.1 If offering worldwide shipping, the seller is responsible for the proper execution of shipping.
5.2 Sellers must accurately state shipping options and estimated delivery times.
5.3 Buyers are responsible for any import duties, taxes, and other fees applicable in their country.
5.4 The seller must issue a proper invoice if legally required.
5.5 The seller bears the risk of loss or damage during shipping unless explicitly agreed otherwise. Insurance is recommended.
6. User Obligations
6.1 It is prohibited to offer counterfeit, stolen, or otherwise illegal watches.
6.2 All watches offered must comply with applicable international customs and import regulations.
6.3 Sellers must adhere to relevant consumer protection regulations, particularly those of the EU.
6.4 Commercial sellers must identify themselves as such and grant buyers a right of withdrawal of at least 14 days in accordance with EU consumer protection law.
6.5 Buyers and sellers agree to comply with all applicable laws and not infringe upon third-party rights (e.g., trademarks, copyrights, or personality rights).
7. Right of Withdrawal and Warranty
7.1 Right of Withdrawal:
• Private sellers are not required to offer a right of withdrawal.
• Commercial sellers, especially when selling to consumers within the EU, must provide a right of withdrawal of at least 14 days.
• International buyers should check whether their local consumer laws grant additional rights.
7.2 Warranty:
• Private sellers may exclude statutory warranty.
• Commercial sellers are obliged to grant buyers the statutory warranty rights.
• Buyers must report any defects immediately upon receiving the item.
8. Disclaimer of Liability
8.1 The platform makes no warranties regarding the quality, authenticity, or condition of the listed watches.
8.2 Buyers and sellers act at their own risk.
8.3 The platform is not liable for any losses or damages resulting from transactions between users.
8.4 The platform’s liability is limited to cases of intent or gross negligence, to the extent permitted by law.
9. Account Suspension and Termination
9.1 The platform reserves the right to suspend or delete user accounts if:
• these GTC are violated,
• counterfeit, stolen, or illegal watches are offered,
• false information is provided,
• payments are missed or reversed.
9.2 Users may delete their account at any time.
9.3 Fees already paid will not be refunded.
10. Dispute Resolution and Mediation
10.1 The platform is not obligated to mediate disputes between buyers and sellers.
10.2 Users should first attempt to resolve conflicts directly with each other.
10.3 Buyers within the EU may use the EU Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr/).
10.4 For international disputes, the legal provisions of the seller’s country of residence apply.
11. Data Protection
11.1 The privacy policy available at [link to privacy policy] applies.
11.2 Personal data is processed exclusively in accordance with applicable data protection laws.
11.3 Users may not publish personal data of third parties without their explicit consent.
12. Changes to the GTC
12.1 The platform reserves the right to modify these GTC at any time.
12.2 Users will be informed of significant changes in a timely manner.
12.3 If no objection is raised within 14 days of notification, the changes shall be deemed accepted.
13. Final Provisions
13.1 The laws of the country in which the platform operator is based shall apply, with mandatory EU consumer protection regulations remaining unaffected.
13.2 The place of jurisdiction, where legally permissible, is the operator’s place of business.
13.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
