Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (RMT Vintage Portfolio Watch Management GmbH) and you as a customer through the website www.vintage-portfolio.com. Unless otherwise agreed to, the inclusion of your own terms are completely disagreed to by us. If they cannot be disagreed to, the contract would not become effective.
(2) A consumer is any natural person who concludes a legal transaction for purposes that can neither be attributed to his commercial nor his professional activity. An entrepreneur or company is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its professional or commercial activity. (If you do not work in the watch industry and are not a reseller, you are a customer.)
§2 Conclusion of the contract
(1)The subject of the contract is the sale of goods. The goods offered by us (both on this website as well as via advertisements on other websites) are non-binding invitations to submit an offer to us, but not binding offers from our part. (This prevents watches from us being sold twice simultaneously by accident.)
(2) We invite you to submit a purchase offer (order) by contacting us (by phone or email).
(3) The acceptance of your purchase offer (and thus the conclusion of the contract) is made by us by confirmation in writing (email). If you have not received an acceptance of your offer within 3 days, you are no longer bound to your offer (order). Any payments already made will be reimbursed immediately by us in this case.
(4) Offers and counter-offers from both sides are mutually non-binding as long as they are not expressly accepted. This means that the product can be sold to another prospective buyer until the purchase contract is concluded (through the submission and acceptance of the offer).
§ 3 Retention of title
(1) The goods remain our property until full payment of the purchase price.
§ 4 Warranty, Guarantee and Exchange
(1) We offer a six-month warranty on the product (unless otherwise described in the listing) as well as a lifetime warranty on the authenticity of the watch.
(2) For used goods, the legal warranty period is six months starting from the delivery of the goods and can be extended (once) for another six months, subsequent to and starting with the expiration of the first six months automatically. For this second period, the burden of proof that the goods delivered were not in the contractually agreed condition at the time of delivery automatically passes on to the customer.
(3) We exclude any warranty for water and damage through misuse of the watch (rough force). An independent opening of the watch by you or by a third party results in an immediate exclusion of any warranty rights or warranty claims.
(4) The wording in each watch listing is based solely on our own information, and is not an official product description nor is in any relation to the manufacturer’s trademark, advertising, public promises or other statements by the manufacturer. This applies especially to (but is not limited to) the water tightness of watches that may be engraved in cases or elsewhere.
(5) All our watches (unless otherwise stated in the offer description) are NOT waterproof. They are also NOT waterproof if “Waterproof” is stated on the metal case. Water tightness is only a momentary state. Therefore, a warranty disclaimer especially for water damage is mutually agreed to by both of us.
5) For movements that are described as “accurate”, a time deviation of +1 // -1 minutes per day (24h) is agreed to. Most of the watches sold have a significantly better time deviation (+ -15 seconds), but this cannot be guaranteed, even if stated in the advertisement description. The time deviation depends strongly on the position of wearing of the watch. The general wearing behaviour of the buyer and/or the magnetism of the environment can have an effect on the accuracy of the watch. On request, the instantaneous accuracy of the clock can be determined with a time grapher measurement. In case deviations become greater than +1 // -1 minute per day (24h), the watch is considered defective and the agreed warranty and warranty rights apply, unless exceptions according to §3 (4) of this agreement become effective.
(6) You are obliged to inspect the watch immediately upon receipt with due care for quality and quantity deviations and to notify us in writing of apparent defects within three days of the date of receipt. This also applies to defects discovered later, from the date of the discovery. In the event of a violation of the obligation to inspect and to give notice of defects, the assertion of the guarantee and warranty claims is excluded.
6) In case of any defects that trigger the warranty rights of the customer, we offer repair through our watchmaker and will cover the costs of this repair. This repair may only be done by our watchmaker. For independent repairs or repairs by third parties, no replacement can be made and all guarantee and warranty claims will expire. If the repair fails, you can request a refund of your purchase or an exchange against another similar model. The elimination of defects is considered to have failed at the latest after three months.
7) Refunds, returns or any exchange rights of your orders are excluded unless expressly agreed to in advance and writing (email). The reason for this is that exchanges cause a great amount of background work (and therefore high costs), and one can expect mature individuals to think over luxury goods purchases.
§ 5 Liability
(1)If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage.
(2)In the case of breach of insignificant contractual obligations, liability is excluded even in the case of negligently having breached our duty.
(3) Data communication over the Internet cannot be guaranteed error-free and/or available at all times according to the current state of the art. We are therefore not liable for the continuous or uninterrupted availability of the website and the services and goods offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) Austrian law applies.
(2) The place of jurisdiction is Vienna.
§ 7 Severability clause
(1) Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the rest remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
RMT Vintage Portfolio Watch Management GmbH
Business Base Vienna
0043 664 430 58 16
Tour of all watches by appointment in VIENNA is possible!
2. Information about the conclusion of the contract
2.1. The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contractual language, contract text storage
3.1. The contractual language shall be German or English.
3.2. You will receive all contract data by email as part of an invoice, which you can print or electronically secure.
4. Essential features of the product or service
The main features of the product and/or service can be found in the item description and the supplementary information on our website.
5.Prices and Payment Methods
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. We reserve the right to make changes of any kind prior to the conclusion of the contract, in particular product prices. These changes can be caused by errors or changes in the market situation.
5.3. The shipping costs (unless otherwise stated) are not included in the purchase price but are shown in the course of the offer and are to be borne by you, unless free shipping is promised.
5.4. Payment is possible by bank transfer or PayPal. Please let us know when you submit your offer which payment method you would like; otherwise, we will assume bank transfer and in this case you would have to pay the PayPal fees. Cash payments or payments by last name are possible on agreement.
5.5. Unless otherwise stated on the invoice for the individual payment methods, the payment entitlements under the contract are immediately due for payment.
6. Terms of delivery
6.1. The goods will be shipped as soon as possible after receipt of payment, usually within 24 hours, but no later than 5 workingdays after receipt of payment. If the shipment is not made at this time, the buyer has the right to withdraw from the contract and to reclaim the amount paid. Shipping usually takes 1-2 working days within Austria and at least 3 working days within Europe. Please note the different shipping options according to the formal offer.
6.2. We carry the risk of accidental loss and accidental deterioration of the watch during shipment. This does not apply if you have chosen a transportation company on your behalf or picked up the watch yourself.
Last update: February 2018