Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR CUSTOMERS

I. PREAMBLE

These general terms and conditions govern the use of the online marketplace operated by Wohnhaft Bahnstr. 9, 52477, Alsdorf, Germany (hereinafter referred to as the "Marketplace" or "Marketplace Operator").

Under the section "General Terms of Use for the Marketplace Website", you will find general information.

Under the section "General Terms of Use for the Watchhome.com Marketplace", you will find general information about how the Marketplace works.

Under "General Terms and Conditions Applicable Only to Sales by Valuta Online via the Watchhome.com Marketplace", reference is again made to the provisions applicable specifically to this process.

Provisions applicable specifically to this process are explained under the section "General Terms of Use for Branch Offers".

Finally, further general information is provided under the section "Miscellaneous".

II. GENERAL TERMS OF USE FOR THE MARKETPLACE WEBSITE ("OUR ONLINE OFFER")

1 REGISTRATION

In general, the companies of Prime Online offer you the option of using various offers and services at www.galleriea.de as well as sub-pages and auxiliary pages. A comprehensive registration is the basis for using the various offers and services. This is a so-called Single Sign-On service, through which users can use multiple offers from different companies with uniform login credentials. User data is managed centrally by Prime Online. Use is generally free of charge. However, the use of certain offers may involve costs, which will be presented transparently and in accordance with legal requirements. The same applies to necessary third-party services, such as an internet connection.

Further information can be found in our Privacy Policy.

2 CUSTOMER ACCOUNT

In general, it is possible to use our website without registering. However, to use certain functions/services on our website and to make purchases via the Marketplace, you must register a personal customer account (short: account).

There is no general right to register and use the functions of our website.

Individuals who are of legal age and have full legal capacity (but not groups of persons such as families or married couples), legal entities, and partnerships may register.

The following conditions also apply to the creation of an account:

Account registration is free of charge.

When registering their account, the customer must choose a salutation, their full name, their email address, and a password (login credentials). The customer is responsible for ensuring that the information they provide during registration is true and complete. If a customer provides false or incomplete information, the Marketplace is entitled to terminate and delete the customer's account without prior notice.

The customer is not entitled under any circumstances to share their login credentials, and especially their account password, with third parties. If third parties nevertheless gain access to the customer account or the customer has other indications of misuse of their account, the customer must inform the Marketplace team immediately and change their login credentials.

Multiple registrations by a customer are not permitted.

Closing an account is just as quick and easy. To do this, the customer can use the "Close account" link in the administration under "My Account". The account closure process will be initiated immediately.

In the event of misuse, the Marketplace team reserves the right to delete the account immediately and initiate legal action.

3 DECLARATION OF CONSENT / AGE VERIFICATION

Before customers are shown images of age-restricted items (18+) or are allowed to purchase these items, we must verify the customer's identity.

We use the following identification procedures for age verification: Skype, SOFORT ID, SCHUFA, or the POSTIDENT procedure.

The customer can find out exactly how this works in the account settings: To do this, the customer must first log in with their login credentials and select the "Account settings" sub-section under "Settings". By clicking on "18+ Activation", the customer will then be guided through the further steps. The test is, of course, free of charge for customers. However, it should be noted that an so-called 18+ address must be stored to initiate age verification.

No credit check is carried out based on the data stored with SCHUFA. The data transmitted to SCHUFA is not stored in the SCHUFA database, or is only stored in the SCHUFA database for the purpose of providing evidence of the Ident Check Premium.

Further information can be found, among other places, at www.meineschufa.de.

4 REVIEW SYSTEM AND DIRECT ADVERTISING

Review system

The customer has the option to review both every transaction and the seller after its completion using the review system provided in the Marketplace section on galleriea.de. The customer is only entitled to use the review system for this purpose.

Every customer undertakes

to provide only truthful information,
to provide only factual information and, in particular, not to make insults or other derogatory remarks,
to only include circumstances in the review that are directly related to the transaction carried out; in particular, any unlawful content, content that violates the rights of third parties, as well as links or references to external websites and advertising for offers outside galleriea.de are prohibited.

The Marketplace team may remove reviews if there are indications of a violation of these General Terms and Conditions, the rights of third parties, or other applicable laws.

Direct advertising

If customers have made purchases via the Marketplace, the Marketplace also uses the email address provided in connection with the purchase for service information such as satisfaction surveys and to promote its own similar offers by email. In such a case, only direct advertising for its own similar goods or services will be sent via newsletter. The processing can be revoked at any time. The revocation must be communicated in text form to the following address: info@watchhome.com, or the link provided in each email will be used to completely unsubscribe from the newsletter. This also revokes the consent to store the personal data collected during the registration process.

No liability for partner websites

As the operator of this website, we work with various partners who also offer services on their websites that are accessible via our website. These partners may have their own privacy notices and/or policies. We are not responsible for the content and privacy notices of our partners.

The content on our website is protected by copyright. Downloading any content is only permitted for private, non-commercial use without our consent. Linking is only permitted with our consent. The use and application of all logos and trademarks by third parties is prohibited.

5. WARRANTY / LIABILITY

The operator endeavors to make all functions of the website available as permanently and uninterruptedly as possible. However, due to technical circumstances such as configuration changes, maintenance work, device failures, etc., this cannot be fully guaranteed. In the event of a service outage, the operator will endeavor to restore usability as quickly as possible without complaints. The operator is not responsible for any consequences resulting from a lack of (full) usability. The operator reserves the right to only make certain functions of the website available in the future with a limited and/or altered scope of functionality, or to discontinue them entirely. The user has no contractual right to the (continued) usability of this (free) service. The respective providers are solely responsible for providing services within the scope of the individual offers. The operator assumes no responsibility for any claims resulting therefrom. The same applies to other contributions from independent third parties such as an internet provider.

In addition, the operator is only liable for the user's claims for damages resulting from violations of life, body, or health, or from the violation of essential contractual obligations (cardinal obligations), as well as for other damages based on an intentional or grossly negligent breach of duty by the operator, their legal representatives, or their vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a violation of essential contractual obligations, the operator is only liable for contract-typical, foreseeable damage if it was caused by simple negligence, unless it involves the user's claims for damages resulting from violations of life, body, or health.

6. DURATION OF USE & TERMINATION

Both the operator and the user can terminate the relationship of use at any time without observing a notice period. Within the scope of account management, the user can initiate the deletion of the account at any time. To do this, the customer can use the "Close account" link in the administration under "My Account".

Termination by the operator is possible, in particular, if the user violates the provisions of these Terms of Use. Until such incidents are clarified, user data can initially simply be blocked. The operator reserves the right to adapt these Terms of Use in the future. Users will be informed about this by email. If no objection is raised to the change within two weeks after receipt of this email, it will be deemed accepted. This does not apply to fundamental changes such as a fee, which always require express consent. If the customer objects to a change, this may lead to the termination of the relationship of use by the operator.

7. DATA PROTECTION

The processing of your personal data is carried out in compliance with your legal position under data protection law. To perform the service, it is necessary that the data you provide is forwarded to the provider of the respective offer used, in order to enable them to authenticate the user and to provide the services commissioned within the scope of the offer (e.g., shipping and billing of ordered goods). Details on this can be found in our Privacy Policy.

8. JURISDICTION / APPLICABLE LAW

For disagreements and disputes arising from this contract, exclusively the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for use by merchants, public law legal entities, or special public law funds is the registered office of the Marketplace Operator.

III. GENERAL TERMS AND CONDITIONS FOR THE MARKETPLACE GALLERIEA.DE ("OUR ONLINE OFFER")

The general terms of use under II) apply. In addition, the following terms of use apply:

1. SCOPE, CONTRACTUAL PARTNERS

A marketplace is provided on galleriea.de, among other things. Various natural and legal persons as well as partnerships ("commercial users of the Marketplace") can post sales offers for goods on this Marketplace, provided that their offer, purchase, or publication does not violate any legal or contractual provisions.

In addition to the product selection, customers can choose between various providers. In their capacity as a legal seller, they are referred to as such when the offer is presented under "Seller:", and are part of the order processing. Further information about the respective sellers can be found by linking the corresponding pseudonyms.

2. CONCLUSION OF THE PURCHASE CONTRACT AND ORDER PROCESSING

The contracts are concluded exclusively between customers and sellers of the Marketplace. If the customer selects the seller Prime Online LTD., reference is made to the following provisions. In addition to the provisions viewable here, the provisions of the respective seller, which can be viewed via the link to the corresponding pseudonym, apply.

The order itself - from capture to reversal - is also processed via the systems of the Marketplace, but the legal responsibility for both the offer itself and the execution of the order lies with the respective seller.

3. PAYMENT PROCESSING

The payment service provider offers payment services for the processing of contracts for the purchase and sale of products between the customer and the seller concluded on the Marketplace. The payment service provider accepts the customer's payments using various payment methods at its own risk with a credit institution and pays out the amounts resulting from the sale of the products to the seller.

For the payment itself, customers can choose between the payment options provided on the Marketplace or the payment methods of the Klarna or Consors Finanz financing service.

The provided payment methods include, but are not limited to, advance payment, PayPal, and credit card. The payment methods offered by Klarna include, in particular, Klarna invoice, Klarna installment purchase, direct debit, and Sofort transfer.

For individual payment methods where there is a risk of non-payment or an increased risk of fraud, if the customer selects the corresponding payment method, a SCHUFA and/or Bürgel inquiry or fraud prevention measures may be carried out by the payment service provider or one of the connected payment service providers if a customer selects the corresponding payment method "Purchase on account" or other payment methods. For the payment methods Klarna invoice and Klarna installment purchase, Klarna, for example, checks and evaluates the customer's data and exchanges data with other companies and credit agencies if there is a legitimate reason. If the customer's creditworthiness cannot be guaranteed, Klarna can then reject the Klarna payment methods and must point to alternative payment options. For the payment method Consors Finanz, Consors Finanz checks and evaluates the customer's data and exchanges data with other companies and credit agencies if there is a legitimate reason. If the customer's creditworthiness cannot be guaranteed, Consors Finanz can also refuse the customer the payment methods and must point to alternative payment options. Fraud prevention measures are also taken for payment by credit card.

4. DATA PROTECTION

The data you enter at checkout for the purpose of ordering is processed within the scope of your order and the associated processes and may be passed on in this context to third parties in the EU and third countries, in particular to the respective seller and the payment service provider/-payment method provider. Beyond the transmission of the data necessary for the fulfillment of the legal transaction within the scope of the order processing, the sellers have access to the complaint system and can view the message exchange regarding the tickets there.

Further information can be found in our Privacy Policy, which is part of these General Terms and Conditions.

IV. GENERAL TERMS AND CONDITIONS ONLY FOR SALES BY PRIME ONLINE LTD. VIA THE WATCHHOME.COM MARKETPLACE

For all customer orders with the seller Prime Online Ltd. (hereinafter Watchhome.com Marketplace or Seller) on the Marketplace, the general terms and conditions governing sales by Prime Online Ltd. also apply. via the Watchhome.com Marketplace.

V. MISCELLANEOUS

The Marketplace Operator reserves the right to change the General Terms and Conditions at any time and without stating reasons by email. The changed General Terms and Conditions will be sent to the customer by email at the latest two weeks before they come into effect. If the customer does not object to the validity of the new General Terms and Conditions within two weeks after receipt of the email, the changed General Terms and Conditions are deemed accepted. In the email with the changed General Terms and Conditions, the Seller separately informs the customer about the significance of this deadline, the right of objection, and the legal consequences of silence. This change mechanism does not apply to changes to the main performance obligations under the contract.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to the legal relationship with consumers, this choice of law only applies insofar as the consumer is not deprived of it by mandatory provisions of the law of the state in which they have their habitual residence.

If the customer has no general place of jurisdiction in Germany or is a merchant within the meaning of the German Commercial Code (HGB), the exclusive place of jurisdiction for all legal disputes is the registered office of the Marketplace Operator. The Marketplace Operator is also entitled to sue at the customer's general place of jurisdiction.

The marketplace operator reserves the right to transfer all or part of its rights and obligations under this contract to third parties. The marketplace operator will inform customers of this two weeks before the intended transfer.

Under applicable law, the marketplace operator is obliged to inform consumers about the existence of the European online dispute resolution platform, which can be used to settle disputes without going to court. The European Commission is responsible for setting up the platform. The link to the European online dispute resolution platform is: ec.europa.eu/odr

The marketplace operator is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act