General Business Conditions (GBC)

Our General Business Conditions for consumers – online shop.

§ 1 Area of applicability, contract language

1. The following General Business Conditions (GBC) shall apply to all contracts, entered into via this online shop, between you and us, the company Andorra Partners Group SL (AP Group), VAT-ID No. L-711416-G. “Luxury Watches” and “Raritywatches” are trading names of Andorra Partners Group SL. The websites are: raritywatches.com or luxurywatches.ad.
2. Contracts may be concluded in English. However, Catalan is the official language of the Principality of Andorra, and in the event of any discrepancy between language versions of these GBC or of the contract, the Catalan version shall prevail.
3. The version of these GBC which is valid at the time when the order is placed shall be applicable. Arrangements which differ from these GBC are valid only if they have been confirmed in writing.
4. Our online shop is intended solely for consumers of legal age. A consumer is any natural person who concludes a transaction to a certain purpose that cannot be ascribed to their commercial or independent professional activity.

§ 2 Applicable law, mandatory consumer protection laws

The laws of the Principality of Andorra shall apply; UN Sales Law shall be excluded if

1. your habitual residence is the Principality of Andorra, or
2. your habitual residence is in a state which is not a member of the European Union.

In the event that your habitual residence is in a member state of the European Union, Andorra law shall also apply, whereby mandatory provisions of the state of your habitual residence shall remain unaffected.

§ 3 Establishment of the contract

1. The depiction of goods in the online shop does not constitute a legally binding offer, but rather it is an invitation to order (invitatio ad offerendum).
2. When you click on the “Buy now” button in the last step of the order process (or the corresponding “Continue” button) you submit your binding offer for the purchase of the goods shown in the order overview. Immediately after having sent the order, you will receive a confirmation of order receipt, but this confirmation does not constitute a binding order acceptance. The purchase agreement between you and us is only created when we send you a definite order confirmation by separate e-mail or hand over the goods to the dispatch department for shipping. Please check regularly the SPAM folder of your e-mail inbox.
   We reserve the right not to accept the order.
3. You can select articles for purchase in our online shop by clicking on the “Add to shopping cart” button. When you want to check out, click on the shopping cart icon and you are then directed through the following order process. Once you have selected the articles in the shopping cart and entered all necessary order and address details in the following step, click on the “Continue” button to get to a page summarizing all essential article details including the resulting costs. Until this point, you can correct your entries or rescind your declaration of willingness to enter into a contract. Only by finally clicking on the “Buy now” button you submit a binding offer as referred to in section 2.

§ 4 Correction note

During the order process, you first add the desired articles to the shopping cart. You can modify there the required quantity or completely delete selected articles at any time. Once you have added articles to the shopping cart, you get to the following page by clicking on the “Checkout” button, where you enter your data and then click on the “Continue” button to choose the payment method. A summary page appears now on the screen, where you can check your entries. You can correct wrong entries (for example concerning the payment method and address details) by clicking on the “Change” button. If you want to cancel the whole order process, you can simply close your browser window. Otherwise, your declaration becomes legally binding for the purpose of § 3 sec. 2 of these GBC by clicking on the “Buy now” button.

§ 5 Storage of the contract text

The contractual provisions with details on the ordered goods and/or booked services including these General Business Conditions and our Cancellation Policy will be sent to you by e-mail upon acceptance of the offer to enter into a contract and the corresponding notification. We do not store the contractual provisions.

§ 6 Collection, storage and processing of your personal data

1. You can do your shopping in our online shop as a guest or registered user. As a registered user, you don’t need to enter your personal data each time, but you can sign in to your customer account with your e-mail address and the password you have freely chosen during registration.
2. We need the following data from you to process and execute an order:
   • First and last name
   • E-mail address
   • Postal address
   • Telephone number (for possible questions relating to the delivery)
3. If you wish to create a customer account, we would need from you the data stated in section 2 and a password freely chosen by you that complies with the specified password requirements.
4. We use the data that you have provided without your separate consent exclusively for the purpose of fulfilling and processing your order(s), for example for the delivery of goods to the address provided by you.
   Any use of your personal data beyond this for the purpose of advertising, market research or tailoring our offers to your needs requires your express consent. You have the option of granting this consent before placing your order. This consent is entirely voluntary and can always be retrieved from our website and revoked by you at any time.
5. The data that you have provided remains stored in your customer account until you inform us that you wish your data to be deleted. Furthermore or if you order or book as a guest without having created a customer account, we will store your data only within the scope of our obligations under tax and commercial law.
6. You are responsible for updating your personal information in the event that it changes. All changes can be done online after registration under “My account”.

§ 7 Payment Conditions

The purchase price is immediately due with the order. For Special Orders (§ 10), payment in full is due at the time of order; the corresponding order is transmitted to the manufacturer only after receipt of full payment.

You can select between the following payment modes in our online shop:

Credit card
Upon submitting your order, you provide us with your credit card details. After your legitimation as legitimate cardholder, we request your credit card company immediately after the order to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and the amount is charged to your card.

Crypto
You will be redirected to the website of our online provider Cryptopay during the ordering process. Most Crypto Currencies accepted.

Bank Transfer
To be able to pay the invoice amount via Bank transfer, the banking details are shown during checkout.

§ 8 Retention of title

The goods remain our property until the purchase price has been paid in full. If you are in default in payment for more than 10 days, we are entitled to withdraw from the contract and claim the goods back.

§ 9 Delivery conditions / presentation of the goods

We deliver the goods pursuant to the agreements made with you exclusively to addresses within the Principality of Andorra. Goods can of course also be picked up at our store.

1. All images of goods in advertisement, leaflets, brochures, the online shop, etc. serve exclusively for illustration purposes and are not binding. The same applies for details on the individual goods, which are strictly for information purposes. Only the statements of the manufacturer are authoritative (for example concerning the manufacturer warranty). We reserve the right to modify the goods depicted in the online shop at any time and without notice and to limit the quantity of goods that may be purchased by a customer.
2. Certain goods depicted in the online shop cannot be ordered and purchased directly via the online shop. This is made transparent in the individual product information of the concerned article. An inquiry form is at the customer’s disposal for these goods in the online shop.
3. All information provided in the online shop on the availability and delivery time of goods is without guarantee.
4. All Jacob & Co timepieces listed on this online shop are considered special orders. Adding an item to the shopping cart and placing an order does not guarantee immediate availability; availability and delivery lead time will be confirmed after the order is received.
5. If the seller is unable to meet the agreed delivery date for reasons for which he is not responsible (unavailability of the good(s) for example due to force majeure), the seller will immediately notify the customer and inform the customer about the estimated new delivery date, if possible. If the new delivery date is not acceptable for the customer or the good(s) are only partly or not at all available within the delivery period, both parties are entitled to withdraw from the contract with regard to the concerned good; the seller will refund any possibly already rendered counter-performance for the unavailable good(s) to the customer immediately.
6. Deliveries are subject to the prerequisite that our own suppliers make timely and proper delivery to us. In the event of force majeure including strike or other measures of industrial action, riot, war, natural disasters as well as delivery stop on the part of the manufacturer or sub-supplier, there shall be no default in delivery. The seller shall not be liable for delays in delivery caused by manufacturing companies or third parties.
7. The goods are available for sale as long as stocks last. In exceptional cases, there can be errors or corrections, especially if the same good is ordered simultaneously by several customers. The seller is not liable for lack of stock or unavailability of goods.
8. If not all of the ordered goods are in stock, the seller is entitled to make partial deliveries. If it turns out after the conclusion of the contract that the seller is unable to partially or fully deliver the goods for reasons for which he is not responsible, the customer is entitled to withdraw from the contract.
9. Sections 3, 6 and 7 of this § 9 apply to goods held in stock. For goods supplied on a made-to-order basis, § 10 (Special Orders) applies in addition to this § 9.

§ 10 Special Orders (made-to-order goods)

1. Certain timepieces and other goods offered by us are supplied by the manufacturer on a made-to-order basis (“Special Orders”). Many manufacturers — in particular high-end watch manufactures — produce in strictly limited quantities and complete or release individual pieces only against a confirmed order, rather than supplying from warehouse stock. Timepieces of certain manufactures are, as a rule, supplied exclusively as Special Orders. A good is a Special Order where this is indicated in the product information, in our order confirmation, on the invoice, or is otherwise communicated to you before or upon conclusion of the contract.
2. Special Orders require payment of the purchase price in full at the time of order. Upon receipt of your payment, we place and pay for the corresponding order with the manufacturer specifically against your order.
3. Special Orders are supplied brand new, directly from the manufacturer, with the warranty and documentation issued by the manufacturer.
4. Any delivery timeframe communicated for a Special Order is a good-faith estimate based on information provided by the manufacturer. Production, quality control and release timing remain at the sole discretion of the manufacturer. Delays attributable to the manufacturer do not constitute a breach of contract by us and do not give rise to claims for damages, price reduction or compensation, except in cases of willful intent or gross negligence on our part, or where mandatory law provides otherwise.
5. If delivery has not taken place within [60] days after the end of the estimated timeframe communicated to you, you may set us a reasonable additional period of at least [30] days. If delivery does not occur within this additional period, you may withdraw from the contract with regard to the undelivered good, and we will refund all payments received from you for that good without undue delay.
6. Shipment tracking information for Special Orders is provided upon dispatch of the goods from us to you, following our receipt and verification of the goods from the manufacturer. No tracking information is available prior to this point.
7. Because Special Orders are placed and paid for with the manufacturer specifically against your order, they cannot be cancelled by you once we have confirmed the order to the manufacturer, except where mandatory consumer protection law provides otherwise. Any statutory right of cancellation to which you are entitled as a consumer (see § 11 and the cancellation policy in the annex) remains unaffected.
8. If we agree, at our discretion, to cancel a Special Order before it has been confirmed to the manufacturer, we may deduct from the refund the costs actually incurred by us in connection with the order, including non-refundable payment processing fees.

§ 11 Right of cancellation

1. As a consumer you have a right of cancellation in accordance with the cancellation policy stated in the annex. A consumer is any natural person who concludes a transaction to a certain purpose that cannot be ascribed to their commercial or independent professional activity.
2. Returns outside the scope of the statutory right of cancellation are accepted only at our discretion. Where we accept such a return, it is made in the form of an exchange or store credit, unless we expressly agree otherwise in writing. There is no entitlement to such a return.

§ 12 Warranty for purchased goods

1. If the delivered goods purchased in our online shop are defective, you are entitled within the framework of the legal provisions to demand supplementary performance, withdraw from the contract, or abate the purchase price.
2. The statutory period of limitation for any warranty claims against us is two years as from receipt of the goods. Claims due to defects that we have maliciously concealed lapse within the statutory period of limitation.
3. In addition, you are entitled to make claims due to defects within the scope of the following guarantees granted by us:

   Andorra Partners Group SL grants for every watch the warranty granted by the manufacturer or two years for certified pre-owned watches, and for every product of a jewelry brand the legal warranty of two years. In this case the warranty covers possible material or manufacturing defects. The warranty offers the buyer the right to repairs on all manufacturing defects that become apparent during the term of the warranty, insofar as immediate notice is given of said defects. The right to replacement is not included. Claims under this warranty can be made only upon submission of the corresponding warranty certificate, which must be completely filled out and signed and must include the item’s identification number, the exact date of purchase and the company stamp.

   Not included in the terms of this warranty are the watch’s crystal and leather strap, damages caused by inappropriate use such as strong blows and extreme heat or cold, and strong magnetic fields. Repairs or servicing performed by unauthorized parties void this warranty. Any further claims under this warranty are excluded.

§ 13 Limitations of this warranty

1. We shall be liable for willful intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations whose performance enables the proper completion of the contract in the first place, whose breach endangers the fulfillment of the intent of contract and on the observance of which you, as a customer, may regularly rely. In the last-named case, we shall be liable however only for foreseeable damages typical for this type of contract. We shall not be liable for any slightly negligent breach of obligations other than those stated in the preceding sentences.
2. Based on the current state of technology, data communication via the internet cannot be guaranteed to be without errors and/or available at all times. We therefore do not assume any liability for the permanent and uninterrupted availability of our online trading system.

§ 14 Final clauses

1. These General Business Conditions are complete and final. Any changes or amendments of these General Business Conditions shall be done in writing in order to prevent any uncertainties or any dispute between the parties about the agreed contract contents.
2. All disputes shall be settled before a competent court at the location of our company’s registered office in Andorra.
   Our e-mail address is: [email protected].
3. Should individual terms of this contract be or become invalid, this shall not affect the remaining terms of this contract.

Annex

1. Consumer information

If you order goods while visiting our online shop, we would like to point out the following to you:

1. The contract may be concluded in English. Catalan is the official language of the Principality of Andorra; in the event of a discrepancy between language versions, the Catalan version shall prevail.
2. Please refer to the individual product descriptions provided within the scope of our internet offering for the essential characteristics of the goods and services offered by us. All images of goods in advertisement, leaflets, brochures, the online shop, etc. serve exclusively for illustration purposes and are not binding. The same applies for details on the individual goods, which are strictly for information purposes.
3. The presentation of our goods does not constitute a legally binding offer from our side. A binding offer first comes into effect upon your ordering of the goods. If we accept this offer, we will send you an order confirmation by e-mail or hand over the goods to the dispatch department for shipping. This completes the sales contract between you and us.
4. You can identify possible entry errors made when placing your order in the final confirmation page before the checkout and correct them at any time by means of the deletion and correction function before submitting the order. The e-mail address can only be corrected under “My account”.
5. If the goods you have ordered are not available, we reserve the right not to fulfill the contract and will inform you immediately about this before conclusion of the contract.
6. Certain goods are Special Orders, made to order by the manufacturer in limited quantities and supplied brand new directly from the manufacture. Such goods are identified as Special Orders before or upon conclusion of the contract. Delivery timeframes for Special Orders are estimates, and shipment tracking is provided upon dispatch from us to you. Please refer to § 10 of our General Business Conditions.
7. Additional taxes might be due depending on the destination country.
8. The purchase price is immediately due with the order. The payment of the goods shall be made at your discretion either by credit card (we use the transmission method “SSL” to encrypt your personal data), by Crypto, or by bank wire transfer.
9. Please note that besides ordinary legal remedies you can also use the possibility of an extra-judicial resolution of disputes.
   Our e-mail address is: [email protected]
10. The data necessary for the completion of the contract between you and us is stored by us and can be accessed by you at any time. In this respect, please refer to the data privacy provisions laid down in our General Business Conditions.
11. Please refer to our General Business Conditions for further details.

    Company: Andorra Partners Group SL
    (Trade register of Andorra No 926111S, NRT: L-711416-G)
    Address: C/ Doctor Nequi no. 9, AD500 Andorra La Vella, Andorra.

12. As a consumer you have a right of cancellation in accordance with the following cancellation policy:

2. CANCELLATION POLICY FOR CONTRACTS ENTERED INTO ONLINE AND RETURN OF GOODS

RIGHT OF CANCELLATION

You have the right to cancel a contract that has been concluded within fourteen days without stating reason.

This cancellation period is valid for fourteen days from the day when you or a third party appointed by you other than the carrier takes delivery of the goods.

In order to exercise your cancellation right, you should send us, namely

Andorra Partners Group SL
C/ Doctor Nequi no. 9, AD 500 Andorra La Vella, Andorra
Phone: +376 814460
E-mail: [email protected]

a clear declaration (e.g. a letter by post or email) of your decision to cancel this agreement. To this end you may use the attached sample cancellation form, though this is not essential. In order to preserve your cancellation right, it is simply necessary to submit your declaration before expiry of the cancellation period.

Note on Special Orders

The right of cancellation does not apply to goods that have been made to your specifications or are clearly personalized. For all other Special Orders (§ 10 of our General Business Conditions), your statutory right of cancellation, where applicable, remains unaffected. Please note that returned timepieces must be unworn, with all protective seals, stickers and films intact, and complete with all boxes, papers, certificates and accessories. You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

Consequences of cancellation

Upon receipt of cancellation from you we are obliged to refund to you all payments received immediately and latest fourteen days from receipt of your cancellation confirmation. Repayment is made by the same payment means you used to place the original order, unless there is some other arrangement.

We may refuse repayment before receipt of the returned goods or your confirmation with evidence of return of the goods, whichever is earlier. Your obligation is to return the goods to us immediately and in any case latest fourteen days from the date of cancellation declaration to us. This requirement is deemed met, provided you dispatch the goods within fourteen days.

We bear the cost of returns.

You are only required to pay for deterioration in goods value, if upon examination of condition, features and functionality of the goods the deterioration is shown to be due to your unnecessary intervention.

End of the cancellation policy

Tel.: +376 814460
(Monday–Saturday, 11:30 – 13:00, 15:00 – 20:00), e-mail: [email protected]

Sample of cancellation form

(If you wish to cancel the agreement, please complete and return this form.)

To
Andorra Partners Group SL
C/ Doctor Nequi n.9, AD500 Andorra La Vella, Andorra
Phone: +376 814460
E-mail: [email protected]

Hereby I/we (*) cancel my/our (*) agreement for purchase of the following goods (detailed description to clearly identify to which items the cancellation refers) (*)

Ordered on (*)…../received on (*)…..:

Name of the consumer(s):

Address of the consumer(s):

Date:

Signature of consumer(s) (only for notification in paper form):

(*) Delete as appropriate