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TERMS AND CONDITIONS OF DANIEL CHLESTIL – TYROLCHRONO FOR SALE (AS OF APRIL 2021)

1. Contractual partner, scope of application

Contractual partner is:

 

DANIEL CHLESTIL – TYROL CHRONO

6130 BLACK

AUSTRIA

 

The company's registered office is Schwaz (registration court: Schwaz District Court, registration number:).

VAT identification number: D

 

Phone: +43 (0) 69911667667 

E-Mail: office@tyrolchrono.com

Website: www.tyrolchrono.com

 

–Daniel Chlestil – Tyrolchrono hereinafter “Tyrolchrono” –

 

Tyrolchrono trades watches commercially both online and in brick-and-mortar stores. 

 

The following terms and conditions apply to the sale of goods by Tyrolchrono via the website www.Tyrolchrono.com and to sales contracts concluded by Tyrolchrono via other means of distance communication such as email, telephone via the contact area or by post.

 

Differing customer conditions that Tyrolchrono does not expressly recognize do not apply. This also applies if Tyrolchrono provides its services without reservation despite being aware of the customer's terms and conditions that conflict with or deviate from these General Terms and Conditions.

 

 

The offer provided is aimed exclusively at customers who have reached the age of 18.

 

2. Conclusion of the contract

2.1 Tyrolchrono offers various ordering processes: via the website, the contact on the website and through other means of remote communication such as telephone and email as well as through third-party platforms. The customer is able to communicate with Tyrolchrono via the communication channels shown.

 

(a) The order can be transmitted via another means of distance communication, such as email, telephone or via contact on the Tyrolchrono.com website, as follows: The customer sends Tyrolchrono the essential information for the contract via the respective means of communication. Tyrolchrono then sends the customer an email with information about the requested goods and a link to an online-based ordering process for the requested goods. The ordering process is completed by the buyer's response. The customer thereby makes a binding offer to Tyrolchrono to conclude a purchase contract.

 

(c) Initiating an order when making a purchase via a third-party platform is defined in the general terms and conditions of the respective provider through which the order is to be completed. The customer places the order via a third-party platform.

 

2.2 As soon as an order has been received by Tyrolchrono, the customer will receive a message confirming receipt of the order and listing its details. This is an order confirmation. This order confirmation does not constitute acceptance of the offer made by the customer, but merely documents receipt of the order.

 

2.3 Tyrolchrono can accept the customer's offer within ten days by sending the customer an order confirmation in text form (letter or email), whereby the customer's receipt of the order confirmation is decisive. 

 

2.4 If Tyrolchrono does not accept the customer's offer on time, this is deemed to be a rejection of the offer. The customer is then no longer bound to his offer.

 

2.5 The period for accepting the offer begins on the day after the customer sends the offer. It ends at the end of the tenth day following the sending of the offer.

 

2.6 Tyrolchrono saves the order data specified in the online order form and sends it to the customer in text form by email in the order confirmation along with cancellation instructions. 

 

2.7 Order processing and contact are usually carried out automatically and via email. The customer must ensure that the email address he provided to process the order is correct and that he receives emails sent by Tyrolchrono at this address. In particular, when using spam filters, he must ensure that all emails sent by Tyrolchrono or by third parties commissioned to process the order can be delivered.

3. Languages

The following languages ​​are available for concluding the contract: German and English

 

4. Information about the right of withdrawal - cancellation policy 

4.1 The right of cancellation listed below is only available to consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. people who conclude sales contracts that cannot predominantly be attributed to either their commercial or independent professional activity and who conclude the sales contract under one of the conditions specified in Section 2.1 (a), ( b) and (c) of these General Terms and Conditions.

 

4.2 The customer has the right to revoke this contract within fourteen days without giving reasons.

 

4.3 The cancellation period is fourteen days from the day on which the customer or a third party designated by the customer who is not the carrier takes possession of the goods.

 

4.4 In order to exercise his right of withdrawal, the customer must contact Tyrolchrono by means of a clear statement (e.g. an email or a letter sent by post).

 

Daniel Chlestil - Tyrolchrono

Bahnhofstraße 2

6130 Schwaz

Austria

Phone: +43 (0) 69911667667 

E-Mail: office@tyrolchrono.com 

 

inform you about your decision to withdraw from the contract. The customer can also use the sample cancellation form, although this is not mandatory.

 

4.5 In order to meet the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

 

4.6 If the Customer withdraws from the contract, Tyrolchrono will pay to the Customer all payments received from him, excluding delivery costs (with the exception of additional costs resulting from the Customer choosing a method of delivery other than that offered by Tyrolchrono , has chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which the customer's notification of the cancellation of the contract was received by Tyrolchrono. For this repayment, Tyrolchrono uses the same payment method that the customer used in the original transaction, unless something different was expressly agreed with the customer; In no case will the customer be charged any fees for this repayment.

 

4.7 After Tyrolchrono has received the cancellation, Tyrolchrono will organize the return of the goods. Due to the regularly high value of the goods, returns are only possible via the shipping route explicitly communicated by Tyrolchrono by email. Tyrolchrono will provide the customer with the contact for return shipping. The transport is then carried out insured by a parcel service in the name and on behalf of Tyrolchrono. Return shipping is usually subject to a charge for the customer. In this case, the customer bears the costs of the return as well as any taxes and fees and the purchase amount can only be refunded once the goods have been received by Tyrolchrono.

 

4.8 It is not possible to return the goods via another parcel service unless the goods were delivered outside the EU. In this case, the customer is responsible for the return shipping themselves.

 

If you have any questions or other doubts, customers can contact customer service at

 

Phone: +43 (0) 69911667667  E-Mail: office@tyrolchrono.com kontaktieren.

 

4.9 Tyrolchrono can refuse repayment until Tyrolchrono has received the goods or until the customer has handed over the goods to the parcel service commissioned by Tyrolchrono.

 

4.10 The customer only has to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties and functionality of the goods.

 

4.11 If the customer has traded in a watch when purchasing the goods and revokes the contract, Tyrolchrono reserves the right to purchase the watch at the stated price or returns the trade-in watch at its own expense.

 

5. Prices

5.1 The prices stated by Tyrolchrono are gross prices and include any statutory sales tax applicable at the time of the order or are to be taxed as part of the differential taxation procedure in accordance with Section 24 UStG. The available shipping options and their costs are shown for the items offered.

 

5.2 Tyrolchrono delivers the goods to the address specified by the customer within the individually agreed delivery time after receipt of the order and the purchase price by Tyrolchrono.

 

6. Payment terms

6.1 Payment for the goods can be made using one of the following accepted payment methods:

 

(a) Transfer 

(b) Paypal 

(c) Cash on collection

 

6.2 Payment by sending cash or checks is not possible.

 

6.3 Tyrolchrono reserves the right to exclude certain payment methods in individual cases.

 

6.4 The purchase price is due immediately upon ordering.

 

7. Empty

 

8. Delivery conditions 

8.1 Delivery takes place within the individually agreed delivery time to the delivery address specified by the customer and, depending on the payment method, after receipt of the invoice amount. The customer will be informed about the shipment by email. Shipping is carried out using a parcel service. The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him (§ 446 sentence 1 BGB) or if he is in default of acceptance (§ 300 para. 2 BGB).

 

8.2 The following applies to entrepreneurs: The risk of accidental loss of the ordered goods passes to the customer as soon as the ordered goods are handed over to a suitable and reliable parcel service.

 

8.3 If the transport company returns the shipped goods to Tyrolchrono because it was unable to deliver them to the customer, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless Tyrolchrono provided him with the service for a reasonable period of time (at least 48 hours) in advance.

 

8.4 Tyrolchrono reserves the right to make a partial delivery if a partial delivery is necessary due to the large number of goods purchased and a partial delivery is reasonable for the customer. However, if possible, all goods will be delivered in one shipment. Tyrolchrono will bear the additional costs of a partial delivery (particularly postage and packaging).

 

9. Receipt of the goods 

9.1 If a delivery of goods arrives at the customer's premises damaged, Tyrolchrono asks the customer to report the damage, if possible, directly to the parcel service employee and to document the extent of the damage. The warranty rights are not restricted by this.

 

9.2 The customer can refuse to accept damaged goods or arrange a collection appointment with Tyrolchrono customer service.

 

Customer service can be reached at:

 

Tel.: +43 (0) 69911667667 E-Mail: office@tyrolchrono.com

 

10. Retention of title 

10.1 Tyrolchrono reserves ownership of all delivered goods until the purchase price has been paid in full. In order to assert the retention of title, Tyrolchrono is entitled to demand the immediate return of the reserved goods, excluding any right of retention, as soon as the customer defaults on payment of the purchase price or a partial amount due. This does not apply if the customer asserts legally established or undisputed counterclaims.

 

10.2 The customer undertakes to immediately point out Tyrolchrono's ownership in the event of seizures, confiscation or other dispositions or access by third parties to the reserved goods and to inform Tyrolchrono in writing of any seizures, confiscation or other dispositions or access by third parties in order to enable Tyrolchrono to enforce the property rights , in particular by filing a lawsuit in accordance with Section 771 ZPO.

 

11th inch 

11.1 If the customer orders goods from Tyrolchrono for delivery outside the EU, they may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional customs clearance charges must be borne by the customer; Tyrolchrono has no influence on these fees. Customs regulations vary greatly from country to country, so the customer should contact their local customs office for further information.

 

11.2 The customer is considered the importer when placing orders with Tyrolchrono and must comply with all laws and regulations of the country in which he receives the products. Cross-border deliveries are subject to opening and inspection by customs authorities.

 

12. Warranty 

12.1 Tyrolchrono is not the manufacturer of the delivered goods. In the event of claims under the Product Liability Act, Tyrolchrono will immediately inform the customer of the name and address of the respective manufacturer upon request.

 

12.2 The customer is entitled to the statutory warranty rights against Tyrolchrono for new goods.

 

12.3 The following applies to entrepreneurs: The warranty period is 12 calendar months. This shortening of the limitation period does not apply in the case of fraudulent intent, the lack of a quality guaranteed by Tyrolchrono or in cases of injury to life, body or health caused by Tyrolchrono or in cases of gross negligence by Tyrolchrono Damage caused by negligence. In these cases, the statutory statute of limitations applies exclusively.

 

12.4 The warranty period for used goods is limited to 12 calendar months. Excluded from this are claims for damages by the customer, for which Tyrolchrono is liable in accordance with Section 13.

 

12.5 The warranty period begins on the day the goods are handed over

12.6 Tyrolchrono offers its customers a warranty, hereinafter referred to as the “Tyrolchrono warranty”. The “Tyrolchrono guarantee” is valid for 12 months from receipt of the goods. During the 12 months, only the conditions of the statutory warranty apply. The accuracy, water resistance and natural and normal wear and tear of the entire watch are excluded from liability for defects. Liability for defects expires the moment the customer or a third party attempts to repair the item on their own, open the housing or make other changes. No liability is accepted for defects caused by improper handling by the buyer or third parties; This also applies to natural or normal wear and tear.

Further guarantee services in the course of an individual extension are regulated as follows:

a) As part of the warranty extension, Tyrolchrono covers the hours worked by the specialist carrying out the work. Spare parts that have to be procured for repairs due to natural or normal wear and tear will be invoiced to the customer. The costs for the spare parts will be communicated to the customer in writing before procurement and must be confirmed by the customer.

 

b) The customer must bear the costs for transporting the watch within the scope of the Tyrolchrono guarantee. These will be communicated to the customer before collection and must be confirmed by the customer in writing. The customer must make use of the Tyrolchrono guarantee in writing. In this letter, the customer must describe the defects complained about. Tyrolchrono will then have the watch picked up from the customer. If the conditions for claiming the Tyrolchrono guarantee are not met, the customer will be informed of this, stating the reasons. The warranty rights according to Sections 12.1, 12.2, 12.3 and 12.4 remain unaffected.

 

12.7 Exclusions

a) Repair of damage caused intentionally by the customer 

b) The repair of water damage is generally excluded from the Tyrolchrono guarantee 

c) Tyrolchrono will only undertake repairs that can be carried out by a Tyrolchrono partner. These include, in particular, the repair or replacement of faulty parts and the regulation and adjustment of the watch and individual parts. Repairs by the manufacturer are generally excluded from the guarantee. 

d) There is no obligation to provide a guarantee if the spare part can demonstrably not be available outside Tyrolchrono's area of ​​responsibility or if the manufacturer does not deliver the spare part. 

e) Bracelets, glasses, crowns and all wearing parts as well as damage that is not caused by natural or normal wear and tear are excluded from the guarantee. The costs for materials and spare parts are to be borne by the customer and will be presented to the customer for confirmation before a repair is carried out. The required repair will only be carried out upon confirmation by the customer.

 

12.8 Tyrolchrono is further not obliged to provide warranty services if providing the service is impossible or involves above-average costs.

 

13. Liability

13.1 Tyrolchrono's liability is limited as follows: Tyrolchrono is liable for intent and gross negligence. Furthermore, Tyrolchrono is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies. In the latter case, however, Tyrolchrono is only liable for foreseeable, contract-typical damage. Tyrolchrono is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.

 

13.2 The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

 

14. Vouchers 

14.1 The customer can redeem a voucher during the purchase process provided he has received a corresponding voucher code from Tyrolchrono. The voucher is redeemed by entering the voucher code in the field provided on the confirmation page of the ordering process.

 

14.2 Scope of services and conditions of the voucher

 

Scope of services: 

The voucher can be redeemed when purchasing one of the Tyrolchrono products.

 

Conditions: 

- Validity 24 months after issue. 

- Only valid for watches purchased from Tyrolchrono. 

- No cash withdrawal possible. 

- Appointment must be booked in advance. 

- Redeemable only at Daniel Chlestil - Tyrolchrono

 

15. Final provisions 

15.1 If any provision of this agreement becomes or is invalid or unenforceable, the other provisions of this agreement remain in effect.

 

15.2 The law of the Republic of Austria applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

 

15.3 For entrepreneurs, the place of performance and jurisdiction is Schwaz.

 

15.4 The European Commission's online dispute resolution platform can be accessed at https://ec.europa.eu/consumers/odr/. Tyrolchrono is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

15.5 Only the German-language version of these General Terms and Conditions is binding. Any translations into other languages ​​only serve to make things easier for our customers to understand.

 

 

 

Right of withdrawal

 

Cancellation policy

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reasons. 

 

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. 

 

In order to exercise your right of withdrawal, you must contact us 

 

Daniel Chlestil - Tyrolchrono

 

phone: +43 (0) 69911667667

 

E-Mail: office@tyrolchrono.com 

 

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.

 

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

 

Consequences of revocation

 

If you revoke this contract, we will reimburse you for all payments we have received from you, excluding delivery costs, immediately and no later than fourteen days from the day on which we received the return shipment. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We will provide you with the return contact if the goods are returned from a country within the EU. Otherwise, the buyer also bears all return shipping costs. We can refuse reimbursement until Tyrolchrono has received the goods or you have handed the goods over to the parcel service commissioned by Tyrolchrono. 

 

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, properties and functionality of the goods.

 

Sample cancellation form here

(If you want to cancel the contract, please fill out this form and send it back to us.)

 

To 

Daniel Chlestil – Tyrolchrono

Bahnhofstrasse 2

6130 Schwaz

 

E-Mail: office@tyrolchrono.com 

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) 

 

Ordered on (*)/received on (*) 

Name of the consumer(s) 

Address of the consumer(s)

Signature of the consumer(s) (only for paper notification)

Date

 

(*) Delete what is not applicable

 

TERMS AND CONDITIONS OF DANIEL CHLESTIL – TYROLCHRONO COMMISSION STORE

 

The following terms and conditions apply to the sale of watches by Tyrolchrono in its own name on behalf of the customer (commission). 

1. Conclusion of the commission contract 

1.1 If the customer would like to sell a watch via Tyrolchrono, he or she can contact Tyrolchrono via the website www.Tyrolchrono.com, or associated partner websites, by telephone, via the email address provided on the website or in the contact area provided and provide information about the watch.

 

1.2 As soon as the customer has fully provided the required information about the watch, such as manufacturer, model, age and condition of use, Tyrolchrono will send the customer a form with information on concluding the commission contract, which includes the essential information and a preliminary market value estimate as a price range a minimum sales price and the amount of the sales fee are stated.

 

1.3 The customer can make Tyrolchrono an offer to conclude a commission contract, which entitles Tyrolchrono to offer the watch for sale in its own name on behalf of the customer at at least the specified minimum sales price. To do this, the customer sends the signed form together with the watch to the specified address via the parcel service commissioned by Tyrolchrono.

 

1.4 Tyrolchrono bears the costs of shipping the watch to Tyrolchrono. This does not apply if, after checking the watch, it turns out that the customer's information in the offer form is incorrect or there are doubts about the authenticity of the watch; In this case, the customer bears the costs of shipping, return shipping and the testing process. Tyrolchrono takes out transport insurance for the shipping and return of a watch. The customer will be registered as the beneficiary in the event of loss or damage to the watch. The payout if a watch is lost is regulated in Section 9. Tyrolchrono will send the customer a confirmation of receipt no later than three days after Tyrolchrono receives the watch.

 

1.5 Tyrolchrono can accept the customer's offer within 14 days of receipt of the watch by Tyrolchrono. To do this, Tyrolchrono sends the customer an email with the declaration of acceptance.

 

1.6 If the likely achievable sales price after checking the watch is below the minimum sales price of the preliminary market value estimate, Tyrolchrono will contact the customer to reach an agreement on the minimum sales price.

1.7 If Tyrolchrono rejects the customer's offer, Tyrolchrono will send the watch back. Tyrolchrono will bear the costs of return shipping unless the customer has provided incorrect information about the watch or there are doubts about the authenticity of the watch. The customer then bears the costs of shipping to Tyrolchrono, the testing process and the return shipping.

 

1.8 Tyrolchrono assumes no liability for damage to or loss of additional documents or items that were enclosed with the watch by the customer, unless these are the value-adding warranty certificates, original packaging and original accessories for the watch being sold.

 

2. Warranty 

The customer guarantees that his information in accordance with Section 1.1 is correct, that the watch is genuine, that he is the owner, is not subject to any restrictions in the exercise of his ownership of the watch and that the sale of the watch does not violate applicable law (e.g. because the bracelet made from the leather of a protected species and was therefore imported in violation of applicable law).

 

3. Inspection of consignment goods - inspection process 

3.1 Tyrolchrono usually sends the customer a confirmation of receipt immediately, but no later than seven days after Tyrolchrono receives the watch.

 

3.2 The customer agrees that Tyrolchrono may photograph the watch for inspection, open it, polish it if necessary, and subject it to various tests (e.g. water resistance test, accuracy test). It is the customer's responsibility to check whether any manufacturer's warranty is void by opening the watch according to the manufacturer's contractual conditions and to obtain information about this. Tyrolchrono is not liable for damage caused by the manufacturer's warranty being voided due to the testing of the watches.

 

3.3 The watch remains the property of the customer until the sale is completed.

 

4. Preparation of consignment goods 

4.1 The customer agrees that Tyrolchrono will prepare the watch after the commission agreement has been concluded, e.g. polish it and, if necessary, carry out or have repairs carried out in order to increase the sales chances and the achievable proceeds. The customer bears the costs of the processing, although the execution of the work does not require any further consent from the customer with processing costs of up to €300 including VAT.

 

4.2 If the estimated preparation costs amount to more than €300 including VAT, Tyrolchrono will notify the customer of this by email and make him an offer to repair or prepare the watch. If Tyrolchrono has sent the offer to the customer by email, the customer can accept the offer by declaring acceptance electronically. If the customer rejects the offer, the watch will be returned and the customer will bear the costs of shipping, return shipping and the inspection process.

 

4.3 If the watch is sold, Tyrolchrono will retain the costs of preparation or repair from the sales proceeds. If the watch is not sold, Tyrolchrono will invoice the customer for the costs of preparation or repair. This does not apply in cases of Section 4.4.

 

4.4 Tyrolchrono can also make the customer an offer to repair or prepare the watch at the customer's expense only if it is actually purchased. If the customer accepts this offer as described in Section 4.2, the following special regulation applies: If the watch is sold to a consumer and the consumer revokes the purchase contract after the watch has been repaired or refurbished, the contractually agreed sales period is extended by an additional 150 days. If the watch is not sold during the extended sales period, Tyrolchrono will bear the full costs of repair or preparation.

 

5.

Execution of the commission 

5.1 Tyrolchrono will offer the watch taken on commission for sale in its own name for the account of the customer for the duration of the sales period. Unless otherwise agreed, the sales period is 365 days. The sales period begins on the day the watch is activated, i.e. from the time on which Tyrolchrono offers the watch on the market. The switching of the clock is preceded by the checking and possible processing of the commission goods in accordance with paragraphs 3 and 4. The examination and possible processing can last up to 30 days from the day after Tyrolchrono has accepted the customer's offer according to paragraph 1.5 or has agreed on a minimum sales price with the customer according to paragraph 1.6.

 

5.2 Tyrolchrono is entitled to sell the watch without consulting the customer if the sales price corresponds at least to the minimum sales price of the preliminary market value estimate according to Section 1.2 or the agreed minimum sales price according to Section 1.6. Tyrolchrono will not sell the watch at a lower price without first obtaining the customer's consent to the sale. Tyrolchrono is only entitled to sell the watch at a lower sales price without consulting the customer if Tyrolchrono waives its sales fee in the amount of the difference between the achieved sales price and the minimum sales price and the achieved sales price and the sales fee correspond to at least the minimum sales price.

 

5.3 Tyrolchrono will inform the customer immediately as soon as his watch has been irrevocably sold. If the watch is purchased by a consumer, they have a 14-day right of withdrawal. In this case, Tyrolchrono will inform the customer upon expiry of the cancellation period, otherwise upon conclusion of the purchase contract.

 

5.4 Tyrolchrono will pay the customer the amount equal to the sales price less the amounts mentioned in sections 4 and 6 and a flat rate shipping fee of €30.00 as soon as the watch is irrevocably sold. This is the case when selling to a consumer if the statutory cancellation period of 14 days has expired. If there is a revocation, it can take up to 4 weeks until the watch is offered for sale again. Section 392 Paragraph 2 of the German Commercial Code (HGB) does not apply.

 

5.5 Tyrolchrono is responsible for fulfilling the obligation of the buyer of the watch with whom Tyrolchrono concludes the transaction on behalf of the customer.

 

5.6

Tyrolchrono assumes the warranty to the buyer. If a defect is due to a deviation from the quality guaranteed by the customer in accordance with Section 2, Tyrolchrono is entitled to reimbursement from the customer of the costs incurred by Tyrolchrono as a result of asserting warranty claims.

 

6. Sales Fee 

Tyrolchrono is entitled to a sales fee in the agreed amount if it sells the watch. Any sales tax is included in the sales fee. Tyrolchrono retains the sales fee from the sales price achieved. Tyrolchrono is also entitled to the sales fee if the purchase contract is canceled due to a defect and the defect is due to a deviation from the quality guaranteed by the customer in accordance with Section 2.

 

7. Self-entry 

7.1 Tyrolchrono and Tyrolchrono's subsidiaries are entitled to take over the watch themselves as buyers from the time of acceptance of the offer made by the customer in accordance with Section 1.5. In this case, the purchase price corresponds at least to the minimum sales price of the preliminary market value estimate in accordance with Section 1.2 or the agreed minimum sales price in accordance with Section 1.6. Tyrolchrono must immediately notify the customer of its own entry.

 

7.2 If Tyrolchrono would like to purchase the watch at a price below the minimum sales price of the preliminary market value estimate in accordance with Section 1.2 or the agreed minimum sales price in accordance with Section 1.6, Tyrolchrono will make a corresponding offer to the customer. The purchase contract is then concluded upon acceptance by the customer.

 

7.3 Tyrolchrono is entitled to the sales fee even in the event of self-admission; this will be deducted from the sales price as well as the amounts mentioned in section 4.

 

8. Termination of the commission contract 

8.1 If the watch has not been sold within the contractually agreed sales period, the watch will remain on sale under the last agreed conditions until one of the parties confirms the termination of the commission contract in writing and orders the return of the watch.

 

8.2

Either party can terminate the commission agreement for good cause. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination, taking into account all the circumstances of the individual case and weighing up the interests of both parties.

 

8.3 Without prejudice to termination for good cause in accordance with Section 8.2, the customer may terminate the commission contract by written notice to Tyrolchrono until the watch is sold or the notice of self-entry is received in accordance with Section 7.1. In this case, Tyrolchrono is entitled to the sales fee in accordance with Section 6 and the customer bears the costs incurred for the testing process, repair and preparation as well as the costs of shipping and return.

 

8.4 After the end of the sales period, Tyrolchrono will return the watch to the customer, provided that one of the parties has confirmed the termination of the commission contract in writing. Tyrolchrono will ship the watch back to the last address provided by the customer at the customer's expense. If the customer is obliged to pay a sales fee and/or the costs of repair and preparation, Tyrolchrono has the right to retain the watch until full payment has been made

.

 

8.5

The customer is obliged to take back the watch after the commission contract has ended.

 

9. Transport insurance and delivery conditions 

9.1 Tyrolchrono takes out transport insurance for the shipping and return of a watch. The customer is registered as the beneficiary in the event of loss or damage to the watch. The insurance only applies if the shipment is carried out via the transport service provider specified by Tyrolchrono using the shipping label provided by Tyrolchrono without modification. The maximum insured value is EUR 25,000.00 for shipments within Austria and EUR 25,000.00 for shipments within the EU. Insurance amounts for other countries may vary.

 

9.2 Tyrolchrono takes out insurance for the minimum sales price of the preliminary valuation of the watch for shipping to Tyrolchrono. If the watch is lost or damaged, the payment amount to the customer is based on the minimum sales price less the agreed sales commission.

 

9.3 Tyrolchrono takes out insurance for the return shipment for the estimated and potentially adjusted minimum sales price after internal inspection of the watch. If the watch is lost or damaged, the payment amount to the customer is based on the potentially adjusted minimum sales price less the agreed sales commission. If there are doubts about the authenticity of the watch after checking the watch, return shipping is not insured.

 

9.4 In the event that a watch is lost during transport, Tyrolchrono will immediately initiate an investigation with the contracted transport company after becoming aware of the potential loss. An investigation takes at least 15 working days. If the watch cannot be found after the transport company has completed the investigation, Tyrolchrono will pay the payment amount defined in accordance with 9.2 or 9.3 to the customer.

 

9.5 If the transport company returns the shipped goods to Tyrolchrono because it was unable to deliver them to the customer, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless Tyrolchrono provided him with the service for a reasonable period of time (at least 48 hours) in advance. 

 

10. Liability 

10.1 Tyrolchrono's liability is limited as follows: Tyrolchrono is liable for intent and gross negligence. Furthermore, Tyrolchrono is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies. In the latter case, however, Tyrolchrono is only liable for foreseeable, contract-typical damage. Tyrolchrono is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.

 

10.2 The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

 

11. Final provisions 

11.1 If any provision of this agreement becomes or is invalid or unenforceable, the other provisions of this agreement remain in effect.

 

11.2

The law of the Republic of Austria applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

 

11.3 For entrepreneurs, the place of performance and jurisdiction is Schwaz.

 

11.4 The European Commission's online dispute resolution platform can be accessed at https://ec.europa.eu/consumers/odr/. Tyrolchrono is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

11.5 Only the German-language version of these General Terms and Conditions is binding. Any translations into other languages ​​only serve to make things easier for our customers to understand.

 

DANIEL CHLESTIL - TYROLCHRONO TERMS AND CONDITIONS FOR TRADE-IN

For the trade-in of watches by Tyrolchrono in connection with the purchase of a watch by the customer, these trade-in terms and conditions apply in addition to the Daniel Chlestil - Tyrolchrono terms and conditions for the sale. 

 

1. Conclusion of the contract 

1.1 When purchasing one or more watches via Tyrolchrono, the customer has the option of trading in one or more watches. To do this, the customer can contact Tyrolchrono via the website www.Tyrolchrono.com, by telephone, using the email address provided on the website or in the contact area provided to provide details of the watch that they would like to trade in , to transmit.

 

1.2

As soon as the customer has fully provided the necessary information about the watch, such as manufacturer, model, age and condition of use, and has decided on a watch that he would like to purchase from Tyrolchrono, Tyrolchrono will check whether the watch is eligible for trade-in. Tyrolchrono will then send the customer an email with information about the conclusion of the contracts, which contains the essential information about the watch and the amounts that can be credited towards the purchase of the new watch.

 

1.3 The customer can make an offer to Tyrolchrono to conclude a sales contract for the selected watch and to trade in the used watch by completing and submitting the online-based electronic signature form or by printing and signing the contract together with the watch in If you want to make payment, it will be sent to Tyrolchrono.

 

1.4 Tyrolchrono informs the customer of the address to which the watch must be sent via the parcel service commissioned by Tyrolchrono. Tyrolchrono bears the shipping costs. This does not apply if, after checking the watch, it turns out that the customer's information about the watch he wants to trade in is incorrect or there are doubts about the authenticity of the watch; In this case, the customer bears the costs of shipping, the testing process and return shipping. Tyrolchrono takes out transport insurance for the shipping and return of a watch. The customer is registered as the beneficiary in the event of loss or damage to the watch. The payment if a watch is lost is regulated in Section 4. Tyrolchrono will send the customer a confirmation of receipt no later than three days after Tyrolchrono receives the watch.

 

1.5 The customer agrees that Tyrolchrono may photograph the watch for inspection, open it, polish it and subject it to various tests (e.g. water resistance test, accuracy test). It is the customer's responsibility to check whether any manufacturer's warranty is void by opening the watch according to the manufacturer's contractual conditions and to obtain information about this. Tyrolchrono is not liable for damage caused by the manufacturer's warranty being voided due to the testing of the watches.

 

1.6

Tyrolchrono can accept the customer's offer within 14 days of receipt of the watch by Tyrolchrono. To do this, Tyrolchrono sends the customer an email with the declaration of acceptance and information on the consumer right of withdrawal in accordance with Section 4 of Daniel Chlestil - Tyrolchrono's terms and conditions for sales.

 

1.7 If Tyrolchrono rejects the customer's offer, Tyrolchrono will send the watch back. Tyrolchrono will bear the costs of return shipping unless the customer has provided incorrect information about the watch or there are doubts about the authenticity of the watch. The customer then bears the costs of shipping to Tyrolchrono, the testing process and the return shipping.

 

1.8 Tyrolchrono assumes no liability for damage to or loss of additional documents or items that were enclosed with the watch by the customer, unless these are the value-adding guarantee certificates, original packaging and original accessories for the watch to be sold.

 

2. Warranty 

The customer guarantees that his information in accordance with Section 1.1 is correct, that the watch is genuine, that he is the owner, is not subject to any restrictions in the exercise of his ownership of the watch and that the sale of the watch does not violate applicable law (e.g. because the bracelet made from the leather of a protected species and was therefore imported in violation of applicable law).

 

3. Delivery of the goods, crediting 

3.1 If a watch is traded in, Tyrolchrono will only ship the watch purchased by the customer from Tyrolchrono after Tyrolchrono has accepted the customer's offer and the remaining purchase price has been received by Tyrolchrono. The terms and conditions of Daniel Chlestil - Tyrolchrono Sales apply to the sale of the watch to the customer.

 

3.2 The amount for the trade-in watch will be offset against the purchase price of the purchased watch. A payout of the amount to be offset by trade-in or a partial amount thereof is not possible. If the amount to be offset by trade-in exceeds the purchase price of the purchased watch, Tyrolchrono will issue the difference as a credit and send the amount to the account specified by the customer.

 

3.3

If a customer who is a consumer revokes the purchase contract for the watch that he purchased from Tyrolchrono in accordance with the regulations on the consumer right of withdrawal, Tyrolchrono will send the trade-in watch back to the customer.

 

4. Transport insurance and delivery conditions

4.1 Tyrolchrono takes out transport insurance for the shipping and return of a watch. The customer is registered as the beneficiary in the event of loss or damage to the watch. The insurance only applies if the shipment is carried out via the transport service provider specified by Tyrolchrono using the shipping label provided by Tyrolchrono without modification. The maximum insured value is EUR 25,000.00 for shipments within Austria, EUR 25,000.00 for shipments within the EU. Insurance amounts for other countries may vary.

 

4.2 Tyrolchrono takes out insurance for the shipment to Tyrolchrono for the chargeable amount in accordance with Section 1.2 based on the preliminary valuation of the watch. If the watch is lost or damaged, the amount paid out to the customer depends on the creditable amount.

 

4.3 Tyrolchrono takes out insurance for the return shipment for the estimated and potentially adjusted creditable amount after internal inspection of the watch. If the watch is lost or damaged, the amount paid out to the customer will be based on the potentially adjusted eligible amount. If there are doubts about the authenticity of the watch after checking the watch, return shipping is not insured.

 

4.4 In the event that a watch is lost during transport, Tyrolchrono will initiate an investigation with the contracted transport company immediately after becoming aware of the potential loss. An investigation takes at least 15 working days. If the watch cannot be found after the transport company has completed the investigation, Tyrolchrono will pay the payment amount defined in accordance with 4.2 or 4.3 to the customer.

 

4.5 If the transport company returns the shipped goods to Tyrolchrono because it was unable to deliver them to the customer, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless Tyrolchrono provided him with the service for a reasonable period of time (at least 48 hours) in advance.

 

5.

Liability 

5.1 Tyrolchrono's liability is limited as follows: Tyrolchrono is liable for intent and gross negligence. Furthermore, Tyrolchrono is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies. In the latter case, however, Tyrolchrono is only liable for foreseeable, contract-typical damage. Tyrolchrono is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.

 

5.2 The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

 

6. Final provisions 

6.1 If any provision of this agreement becomes or is invalid or unenforceable, the other provisions of this agreement remain in effect.

 

6.2 The law of the Republic of Austria applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

 

6.3 For entrepreneurs, the place of performance and jurisdiction is Schwaz.

 

6.4 The European Commission's online dispute resolution platform can be accessed at https://ec.europa.eu/consumers/odr/. Tyrolchrono is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

6.5

Only the German-language version of these General Terms and Conditions is binding. Any translations into other languages ​​only serve to make things easier for our customers to understand.

 

DANIEL CHLESTIL - TYROLCHRONO TERMS AND CONDITIONS OF PURCHASE

 

The following terms and conditions apply to the purchase of watches by Daniel Chlestil – Tyrolchrono, Bahnhofstraße 2, 6130 Schwaz, Austria

 

1. Conclusion of the contract 

1.1 If the customer would like to sell one or more watches to Tyrolchrono, he can contact Tyrolchrono via the website www.Tyrolchrono.com, by telephone, via the email address provided on the website or in the contact area provided to provide information about the watch that he would like to sell.

 

1.2 As soon as the customer has fully provided the necessary information about the watch, such as manufacturer, model, age and condition of use, Tyrolchrono will check whether the watch is suitable for purchase. Tyrolchrono will then send the customer a form with information on concluding the purchase contract, which contains the essential information about the watch and the purchase price.

 

1.3 The customer can make an offer to Tyrolchrono to conclude a purchase contract by sending the signed form together with the watch to the specified address via the parcel service commissioned by Tyrolchrono.

 

1.4 Tyrolchrono informs the customer of the address to which the watch must be sent via the parcel service commissioned by Tyrolchrono. Tyrolchrono bears the shipping costs. This does not apply if, after examining the watch, it turns out that the customer's information about the watch he wants to sell is incorrect or there are doubts about the authenticity of the watch; In this case, the customer bears the costs of shipping, the testing process and return shipping. Tyrolchrono takes out transport insurance for the shipping and return of a watch. The customer is registered as the beneficiary in the event of loss or damage to the watch. The payment if a watch is lost is regulated in Section 4. Tyrolchrono will send the customer a confirmation of receipt no later than three days after Tyrolchrono receives the watch.

 

1.5

The customer agrees that Tyrolchrono may photograph the watch for inspection, open it, polish it and subject it to various tests (e.g. water resistance test, accuracy test). It is the customer's responsibility to check whether any manufacturer's warranty is void by opening the watch according to the manufacturer's contractual conditions and to obtain information about this. Tyrolchrono is not liable for damage caused by the manufacturer's warranty being voided due to the testing of the watches.

 

1.6 Tyrolchrono can accept the customer's offer within 14 days of receipt of the watch by Tyrolchrono. To do this, Tyrolchrono sends the customer an email with the declaration of acceptance.

 

1.7 If Tyrolchrono rejects the customer's offer, Tyrolchrono will send the watch back. Tyrolchrono will bear the costs of return shipping unless the customer has provided incorrect information about the watch or there are doubts about the authenticity of the watch. The customer then bears the costs of shipping to Tyrolchrono, the testing process and the return shipping.

 

1.8 Tyrolchrono assumes no liability for damage to or loss of additional documents or items that were enclosed with the watch by the customer, unless these are the value-adding guarantee certificates, original packaging and original accessories for the watch to be sold.

 

2. Warranty

The customer guarantees that his information in accordance with Section 1.1 is correct, that the watch is genuine, that no spare parts have been installed, that he is the owner, is not subject to any restrictions in the exercise of his ownership of the watch and that the sale of the watch does not violate applicable law (e.g. because the bracelet is made from the leather of a protected species and was therefore imported in violation of applicable law).

 

3. Payment of the purchase price 

The agreed purchase price is due for payment 10 days after Tyrolchrono accepts the offer. Tyrolchrono transfers the amount due to the account specified in the contract for payment of the purchase price.

 

4. Transport insurance and delivery conditions

4.1 Tyrolchrono takes out transport insurance for the shipping and return of a watch. The customer is registered as the beneficiary in the event of loss or damage to the watch. The insurance only applies if the shipment is carried out via the transport service provider specified by Tyrolchrono using the shipping label provided by Tyrolchrono without modification. The maximum insured value is EUR 25,000.00 for shipments within Austria, EUR 25,000.00 for shipments within the EU. Insurance amounts for other countries may vary.

 

4.2 Tyrolchrono takes out insurance for shipping to Tyrolchrono for the purchase price in accordance with Section 1.2 after the preliminary valuation of the watch. If the watch is lost or damaged, the amount paid out to the customer is based on the stated purchase price.

 

4.3 Tyrolchrono takes out insurance for the return shipment for the estimated and potentially adjusted purchase price after internal inspection of the watch. If the watch is lost or damaged, the amount paid out to the customer is based on the potentially adjusted purchase price. If there are doubts about the authenticity of the watch after checking the watch, return shipping is not insured.

 

4.4

In the event that a watch is lost during transport, Tyrolchrono will initiate an investigation with the contracted transport company immediately after becoming aware of the potential loss. An investigation takes at least 15 working days. If the watch cannot be found after the transport company has completed the investigation, Tyrolchrono will pay the payment amount defined in accordance with 4.2 or 4.3 to the customer.

 

4.5 If the transport company returns the shipped goods to Tyrolchrono because it was unable to deliver them to the customer, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless Tyrolchrono provided him with the service for a reasonable period of time (at least 48 hours) in advance.

 

5. Liability 

5.1 Tyrolchrono's liability is limited as follows: Tyrolchrono is liable for intent and gross negligence. Furthermore, Tyrolchrono is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies. In the latter case, however, Tyrolchrono is only liable for foreseeable, contract-typical damage. Tyrolchrono is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.

 

5.2 The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

 

6. Final provisions 

5.1 If any provision of this agreement becomes or is invalid or unenforceable, the other provisions of this agreement remain in effect.

 

6.2

The law of the Republic of Austria applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

 

6.3 For entrepreneurs, the place of performance and jurisdiction is Schwaz.

 

6.4 The European Commission's online dispute resolution platform can be accessed at https://ec.europa.eu/consumers/odr/. Tyrolchrono is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

6.5 Only the German-language version of these General Terms and Conditions is binding. Any translations into other languages ​​only serve to make things easier for our customers to understand.

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