Scope

1. Bestwrist GmbH, Erkratherstraße 401, 40231 Düsseldorf (hereinafter “Bestwrist”), operates the Bestwrist online marketplace for high-quality watches (hereinafter the “Platform”).
2. The following terms of the Bestwrist Authenticity Promise apply to all watch purchases from commercial dealers via the Platform. Private sellers are generally excluded from the Authenticity Promise.
3. You can view and print the currently valid terms of the Bestwrist Authenticity Promise at Bestwrist.com.

Content of the Promise

In accordance with the following guidelines, Bestwrist guarantees that the watch is not a counterfeit:

Guidelines for new/unworn watches:

• Every new/unworn watch must be in unaltered condition – exactly as delivered by the manufacturer (protective films or tags excepted).
• If accessories such as the strap, box, etc. are not original or not as delivered by the manufacturer, the dealer must state this in the item description.
• New/unworn watches that have subsequently been “modded” or embellished must be marked as “Custom” in the item description.

Guidelines for pre-owned watches:

Watches are functional objects that wear with use. It is therefore natural that watches require servicing. A watch that has been sent in for an overhaul is still an original, authentic watch, even if components have been replaced. Elements affected by replacement or repair are often the crystal, dial, certain springs and wear parts in the movement, case seals, screws, or hand sets. The replacement or repair of elements does not affect the originality of the item.

With this in mind, the following applies to pre-owned watches:

• The dealer is obliged to inspect the watch for any repairs or replacement parts.
• Deviations from the original condition known to the dealer must be stated in the description.
• The presence of original straps or complete accessories cannot be guaranteed for pre-owned watches. However, the dealer is obliged to list any deviations known to them in as much detail as possible in the item description.

Complaint Period

The Authenticity Promise is valid for 14 days from receipt of the watch. If a buyer has doubts about the authenticity of their watch, they must send a complaint to support@bestwrist.com within these 14 days.

Voiding of the Promise

The Authenticity Promise becomes void if the buyer – without prior consent from Bestwrist in text form (e.g. email) – opens the watch themselves, has it opened by third parties, or removes parts of the watch.

Fulfilment of the Promise / Warranty Case / Maximum Guarantee Sum

1. Upon receipt of a complaint, Bestwrist will contact the dealer to review the case and find a satisfactory solution.
2. If no other satisfactory solution can be found, Bestwrist will reimburse the buyer the purchase price paid, provided the buyer has returned the watch to Bestwrist or, with Bestwrist’s consent, to the dealer (“Warranty Case”).
3. The total amount reimbursed to a buyer by Bestwrist under the Authenticity Promise for all warranty cases is limited to EUR 50,000 per person and lifetime (“Maximum Guarantee Sum”).
4. For watch purchases from a dealer that does not hold “Trusted Seller” status, the amount covered by the Authenticity Promise is limited to EUR 7,500 per buyer and calendar year.

Duty to Mitigate and Assignment Agreement

1. The buyer is obliged to take all measures to (a) avoid the occurrence of a warranty case and/or (b) recover payments already made to the dealer.
2. The buyer irrevocably assigns to Bestwrist all claims and demands against the dealer and third parties (e.g. insurers) connected with the transaction covered by the Authenticity Promise, including all ancillary rights. Bestwrist accepts the assignment. The assignment takes effect in the warranty case (Sec. 5 para. 2 of these terms of the Bestwrist Authenticity Promise).

Final Provisions

1. Should one or more provisions of this Authenticity Promise be or become invalid, the validity of the remaining provisions shall not be affected.
2. These terms of the Bestwrist Authenticity Promise are governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies only to a limited extent, or not at all, where the buyer is a consumer concluding this purchase contract for a purpose that cannot be attributed to their professional or commercial activity, and where this contract would deprive the user of consumer protection provisions of their country of residence that cannot be derogated from by agreement under the law of that country. In such a case, the relevant consumer protection provisions of the user’s country of residence shall apply in addition to the above choice of law.
3. The place of jurisdiction for all disputes arising from or in connection with this Authenticity Promise is – if and insofar as the buyer is a merchant – Düsseldorf.