GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF PRE-OWNED WATCHESGermany
PO-Goods: Pre-owned watches, i.e. watches that are not new but have been used, including the accompanying inserts and all accessories such as proof of purchase, warranty cards, certificates, watch box, additional straps/bracelets, service documents, etc..
Pre-Owned Purchase: Bucherer offers to purchase pre-owned watches from private owners.
Seller: In these GTC, the seller is the natural person who wishes to sell his PO-Goods to Bucherer and submits a purchase request to Bucherer for this purpose. In these GTC, the masculine form is representative of persons of any gender.
Online Purchase Process: The Seller's enquiry, the processing of the sending of the PO-Goods from the Seller to Bucherer as well as the conclusion of the purchase agreement are basically processed via online channels (esp. 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 agreement must be carried out in a Bucherer store. For PO-Goods whose sales price exceeds the amount of EUR 15,000.00, only the Offline Purchase Process is possible.
Buy-in: Bucherer shall pay the purchase price to the Seller by transferring the agreed purchase price to the Seller’s account designated by the Seller.
Trade-in: Bucherer makes the payment of the purchase price by handing over a Bucherer voucher (issued in the name of the Seller) in the amount of the specified trade-in purchase price to the Seller (only possible in the offline purchase process).
2. Scope of Application and Contract Party
2.1. The following General Terms and Conditions for the purchase of Pre-Owned Goods (hereinafter referred to as "GTC") shall apply to the business relationship between BUCHERER Deutschland GmbH, Riedlerstraße 57, 80339 Munich, Germany, (hereinafter referred to as "Bucherer") and the Seller for transactions in connection with the purchase of PO-Goods.
2.2. The offer for the Pre-Owned Purchase via the Online Purchase Process and the Offline Purchase Process is exclusively directed at natural persons of full age who can provide their habitual residence in the national territory of Germany and their residential address in Germany. The sale of PO-Goods by the Seller is only permissible for consumers, i.e. for any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
2.3. Other terms and conditions of the agreement, namely also those which the Seller declares to be applicable together with the acceptance of the agreement, shall only apply if and to the extent that they have been expressly accepted by Bucherer in writing. Other general terms and conditions of Bucherer, if not explicitly mentioned here, are also not applicable to the Pre-Owned Purchase at issue here.
2.4. If the seller chooses the Offline Purchase Process or if it is specified by Bucherer, the contractual provisions applicable in the respective Bucherer shop shall apply. These will be handed over to the seller in the event of a contract being concluded on site. These terms in general take precedence over the present General Terms and Conditions.
3. Valuation request and non-binding purchase offer
3.1. 3.1. In order for Bucherer to be able to submit an initial non-binding offer to the Seller, Bucherer requires precise information (brand, model, condition, purchase details, photos). Further information may help to achieve the best possible price, but is not mandatory) about the PO-Goods to be sold (see also sec. 8) as well as the Seller's contact details (surname, first name, e-mail, telephone). This information can be transmitted by the Seller to Bucherer via the online-channels. On the basis of the information received, Bucherer shall decide whether or not the PO-Goods are in principle suitable for purchase. Bucherer is under no obligation to make an offer. If Bucherer is interested in a purchase, it will first submit a non-binding purchase offer together with the contractual conditions to the Seller by e-mail or online message. The Seller may accept the non-binding offer within ten (10) days by confirming it in his customer account, unless Bucherer specifies a different acceptance period in the offer. Acceptance of the non-binding purchase offer does not yet constitute a purchase agreement between Bucherer and the Seller; by accepting the offer, the Seller declares its own offer to sell the PO-Goods to Bucherer at the purchase price offered by Bucherer and on the communicated terms and conditions (invitatio ad offerendum).
3.2. In case of a rejection of the offer or if within the agreed acceptance period (see sec. 3.1), Bucherer’s non-binding offer shall expire.
3.3. If the Seller accepts Bucherer's non-binding offer (see sec. 3.1), it shall, in the event of the subsequent conclusion of the agreement, provide Bucherer with his bank details required for the transfer of the purchase price by Bucherer. The bank account must be in the name of the Seller and must be opened with a financial institution in Germany or the EU. The Seller shall be responsible for transmitting correct bank details. Bucherer shall not be liable for incorrect information.
4. Sending the PO-Goods to Bucherer for the Purpose of Checking and Accepting the Seller's Offer to Purchase.
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 packed and protected by the Seller in such a way that they will survive the usual transport irregularities without damage and reach Bucherer in good condition. The shipment of the PO-Goods shall be at Bucherer's risk; if Bucherer determines upon receipt of the PO-Goods that they are damaged due to defective packaging, Bucherer shall inform the Seller thereof without undue delay. Bucherer shall not be liable for any damage caused due to improper packaging.
4.2. Bucherer shall select the transport company and shall bear the costs for the delivery of the PO-Goods including insurance up to the maximum amount which Bucherer has indicated to the Seller in the non-binding purchase offer (sec. 3.1). The insurance is only valid if the shipment is made via the transport company chosen by Bucherer and the delivery note provided by Bucherer is used. In the event of loss of the PO-Goods 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. 4.3. The Seller may also hand over the PO-Goods in person at a designated Bucherer store.
4.4. As soon as the PO-Goods have arrived at Bucherer, they will be unpacked by means of 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 inspected within the next four (4) working days.
4.5. The PO-Goods will then be analysed by Bucherer to check the quality (condition of the goods), originality and ownership. If it becomes apparent during the inspection of the PO-Goods that they do not correspond to the information provided by the Seller or if Bucherer requires further information on the PO-Goods, Bucherer may contact the Seller.
4.6. Bucherer shall decide, on the basis of the above-mentioned verification, whether Bucherer accepts the offer made by the Seller to purchase the PO-Goods or whether it rejects the purchase of the PO-Goods.
4.7. If Bucherer refuses to purchase the PO-Goods, the Seller will be notified respectively by e-mail or via an online notification within five (5) working days of receipt of the PO-Goods. Immediately after this notification, Bucherer will return the PO-Goods to the address indicated 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 will bear the costs of shipping and returning the PO-Goods) or return them to the Seller in person at the Bucherer store where the Seller handed over the PO-Goods to Bucherer upon presentation of an official identification document.
4.8. If Bucherer wishes to purchase the PO-Goods, Bucherer will accept the offer made by the Seller within five (5) working days of receipt of the PO-Goods by notifying the Seller of this by e-mail or via an online notification.
5. Sale and Terms of Payment
The sale of the PO-Goods by the Seller to Bucherer shall be concluded by acceptance of the offer made by the Seller (see sec. 3.1). Subject to the fulfilment of the following provisions (sec. 6 to 11), Bucherer undertakes to transfer the agreed purchase price to the seller within 20 working days after receipt or handover of the PO-Goods to the bank account designated by the seller (Buy-in). The payment of the purchase price does not include a waiver of the statutory warranty rights.
6. Dealing with Counterfeits and Non-Conforming Models
6.1. By submitting the purchase offer, the Seller warrants that the PO-Goods are original, i.e. "model-compliant PO-Goods" (model composition permitted by the respective manufacturer) and not (neither in parts nor as a whole) a counterfeit. Counterfeit goods are goods which have been manufactured or processed with the intent to deceive and which purport to have been manufactured by or on behalf of a manufacturer using (part of) that manufacturer's trademark. In particular, the Seller warrants that the goods consist only of original parts of the manufacturer.
6.2. If Bucherer determines during the inspection that the PO-Goods are counterfeit, this will be documented.
6.3. Bucherer may further investigate the counterfeit 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 entitled to file a report with the competent authorities and, upon their order, to hand over the PO-Goods to them.
6.4. If Bucherer has handed over PO-Goods to an authority by order of the authorities, Bucherer shall no longer be responsible for the PO-Goods. Bucherer shall inform the Seller of the circumstance of the seizure and the information given to it by the authority, provided that Bucherer is entitled to do so. Moreover, Bucherer shall not be obliged to provide the Seller with any further information.
7.1. The Seller must be the owner of the PO-Goods that it wishes to sell to Bucherer. With the sales enquiry and any subsequent acceptance of the offer, the Seller warrants that it is the legal and sole owner of the PO-Goods and that it is not restricted in any way in his authority to dispose of the goods. In particular, the Seller warrants the following:
- The Seller has legally become the owner of the PO-Goods.
- The transfer of the PO-Goods to Bucherer shall not be precluded by any rights of third parties (right of possession, lien, beneficial interest, etc.) or other rights limiting or encumbering the Seller's ownership or ability to dispose of the goods, including contractual rights.
- The PO-Goods are not subject to any (secret) funding agreement; and
- The PO-Goods have not been reported as stolen or lost by him or by any third party known to him to the manufacturer or the police or any other authority or person.
7.2. Ownership of the PO-Goods shall pass to Bucherer upon their handover/sending to Bucherer and payment of the purchase price.
7.3. If it turns out that the Seller is not the (sole) owner of the goods, Bucherer shall be entitled to withdraw from the concluded purchase agreement in addition to the other rights and statutory claims.
8. Verification of Ownership, Authenticity and Origin
8.1. In order to prove the lawful ownership as well as the authenticity of the PO-Goods, the Seller shall provide Bucherer with all information and documentation available to him (e.g. date and place of purchase, serial number of the PO-Goods, name/company of the seller, receipts, warranties, manufacturer's repair and maintenance logbooks, etc.) necessary to verify his ownership and the authenticity of the goods in the original and without being requested to do so. The Seller warrants the completeness and correctness of the documentation and authorises Bucherer to obtain from third parties (including manufacturer, original seller, police, other authorities, etc.) all information and documentation necessary for the inspection of 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. Pursuant to § 148b GewO, Bucherer is obliged to ask for a proof of ownership from the Seller in order to exclude negligent concealment of stolen goods. The Seller must therefore identify itself with a valid identification document (valid passport or identity card) upon 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 at Bucherer's request by means of an identity check via identification document.
10. Proper Customs Clearance
10.1. The Seller warrants that it has duly cleared the PO-Goods through customs in Germany if it has purchased them abroad and, if required by law, has paid any taxes on them.
10.2. For the purpose of proving proper customs clearance, Bucherer shall be entitled to demand from the Seller the surrender of the relevant documentation and customs documents.
11. Warranty and Liability
11.1. The Seller does not grant any guarantee (warranty according to the German Civil Code) on the PO-Goods with the exception of confirmation of ownership/authorisation to dispose, originality/genuineness and proper customs clearance according to sec. 6 to 8 and 10. Subject to sec. 6 to 8 and 10, Bucherer accepts the goods as seen and tested.
11.2. If Bucherer is held liable 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 respect (including any legal fees and court costs incurred).
11.3. In case of claims for damages, Bucherer's liability shall be limited to damage caused by Bucherer intentionally or through gross negligence. Liability for other forms of negligence is excluded, unless the damage was caused by Bucherer due to
a) injury to life, limb or health,
b) the breach of essential contractual obligations.
In the event of a slightly negligent breach of material contractual obligations, however, Bucherer's liability shall be limited to the amount of the reasonably foreseeable damage typical for the agreement. Material contractual obligations are obligations whose fulfilment makes the proper performance of a contract possible in the first place and on whose compliance the Seller regularly relies.
12. Data Protection
13. Applicable law
13.1. The agreement 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 GTC or German law would deprive the Seller of a protection which, without the choice of law, would be granted to him by the mandatory provisions of the country of his habitual residence.
14. Final provisions
14.1. Should a provision of these GTC and/or the agreement be or become invalid, this shall not affect the existence of the agreement and the validity of the remaining provisions. The same shall apply in the event of a loophole. In place of the invalid provision or in order to fill the loophole, a provision shall be deemed to have been agreed which, in terms of the economic result, corresponds as closely as possible to what was originally intended and to the purpose of the contract as documented in the contractual provisions and these GTC.
14.2. Amendments and supplements to the agreement must be made in writing to be effective. This does not apply to individual agreements, which can also be effectively concluded in oral form.
English Version November 2023