Status: 01.01.2025
BEFORE YOU (“USER”, “YOU”) REGISTER FOR THE SERVICES ON THE WEBSITE https://bestwrist.com(“ONLINE PLATFORM”, “SERVICES”) OF BESTWRIST GMBH (“BESTWRIST”, “US”, “WE”), PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS (“GTC”) CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR CONTRACTUAL RIGHTS AND OBLIGATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO COMPLY WITH ALL LEGAL REQUIREMENTS IN THE COUNTRIES IN WHICH YOU USE THE SERVICES. PLEASE READ THE TERMS CAREFULLY. BY ACCESSING OR USING THE APPLICATION/WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACKNOWLEDGED AND ACCEPTED ALL PROVISIONS OF OUR TERMS OF USE. THE USE OF SUCH SERVICES AND THE DISCLOSURE OF SENSITIVE DATA INVOLVES CERTAIN RISKS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE EXIT THIS SERVICE NOW AND REFRAIN FROM FUTURE USE. YOU WILL NOT INCUR ANY COSTS OR OBLIGATIONS AS A RESULT.
1.1. Bestwrist GmbH (“Bestwrist”) operates the “Bestwrist” online marketplace for high-quality watches (“Platform”). The following “General Terms and Conditions” apply to the use of the platform.
1.2. For the duration of the contract, the general terms and conditions in the currently valid version can be called up and printed out at rhttps://www.bestwrist.com/agb
A contract according to point 3 is concluded with Bestwrist GmbH, Erkrather Str. 401 in 40231 Düsseldorf. Further contact information can be found in the imprint
By submitting the registration online, a legally binding offer to conclude a contract with Bestwrist is made. The user will be informed of the receipt of this request for registration by e-mail. However, this does not yet constitute a contract of use. The user account must first be activated by the user by clicking on the activation link. Only after activation will the user account be activated by Bestwrist. Only through this activation does a user contract come into effect.
4.1. Bestwrist GmbH does not offer watches for sale on the platform.
4.2. By providing the platform, registered users have the opportunity to contact watch sellers.
4.3. The watches advertised on the platform do not constitute a legally binding sales offer on the part of the seller to conclude a sales contract. It is merely a non-binding invitation to submit a purchase offer to the seller.
4.4 Contractual relationships are established exclusively between the provider and the user. Likewise, the fulfillment of contracts brokered or initiated by the platform is exclusively between the provider and the user.
5.1. Only persons with full legal capacity are permitted to register on the platform. Minors are explicitly excluded from registration.
5.2. Registration is only possible by providing a current e-mail address and a password chosen by the user. Both are also the login data. Only one user account can be created with one e-mail address. Any contractual or other communication between Bestwrist and the user takes place via this e-mail address.
5.3. The password chosen by the user must always be kept secret and protected against unauthorized access to the user account. If the user has indications of misuse of his user account, he is obliged to inform Bestwrist immediately and to take all possible measures to stop the misuse.
5.4. The user account may only be used personally and exclusively and may not be transferred to a third party without the express consent of Bestwrist. According to the same provision, the user may not allow third parties to access his user account using his login data.
5.5. In principle, the user is liable for all activities that take place using their user account. This only does not apply if the user is not responsible for the misuse of his user account because he has properly fulfilled his contractual and general duties of care.
6.1. Registration on the platform is free of charge
6.2. Bestwrist enables registered users to use the platform and thus, among other things, to search for offers, participate in auctions, improve communication with sellers and manage their own user account
6.3. Bestwrist can change the platform, individual functions or their scope at any time.
6.4. The conclusion of purchase contracts brokered via the platform is only permitted to persons with full legal capacity. In particular, minors are prohibited from concluding purchase contracts via the platform.
7.1. Offers on the platform may only be searched for using the search function offered by Bestwrist. Bypassing the search function, in particular through other websites or software, is not permitted. Access to the Bestwrist database is only permitted through personal use of the search mask without the use of aids.
7.2. The data and content obtained through queries and use of the platform may not be used in any form (not even in part or in excerpts):
7.3. The user must refrain from any activity that is likely to impair and/or excessively burden the technical infrastructure or the operation of the platform. In particular, but not conclusively, the following are prohibited:
7.4. The user may not send messages with advertising or inappropriate content via the platform without the consent of the recipient (especially: spam messages).
7.5. The user must inform Bestwrist immediately if there are disruptions in the use of the platform or individual functionalities. The same applies in the event that the user becomes aware of sales offers or content published by third parties that obviously violate applicable law or the rights of third parties.
7.6. Suppliers are obliged to offer legally permissible goods that are their own property without exception. Bestwrist may exercise its right to remove inadmissible offers at any time and without prior notice
7.7. Users are obliged to treat each other with respect at all times and not to disseminate any inappropriate, offensive or insulting content via the platform.
8.1. The user has taken note of the fact that Bestwrist charges a transaction fee to sellers for purchase contracts that have been brokered via the platform. In the following cases, a purchase contract is deemed to have been brokered via the platform:
8.2. If the user concludes a purchase contract with a provider and the purchase contract was brokered via the platform, the user must notify Bestwrist of this purchase contract immediately. In particular, the purchase price and data of the provider must be specified. This obligation to notify is only waived if the purchase contract was concluded via the Trusted Checkout on the platform.
8.3. In the event of a breach of this notification obligation, the user is obliged to pay Bestwrist the transaction fee in the same amount as would have been charged for a sale via the platform.
9.1. The user contract is concluded for an indefinite period and can be terminated at any time with immediate effect.
9.2. The contractual relationship can be terminated at any time by extraordinary termination for good cause. An important reason that entitles Bestwrist to terminate this contract without notice exists for Bestwrist if the user violates his obligations under section 5.3 or 5.4 of this contract.
9.3. Instead of termination without notice, Bestwrist may, at its own discretion, also order the blocking of access to the user account.
9.4. If the user has not used his login data for a period of at least one year, Bestwrist can block it.
9.5. Termination and blocking have the consequence that the user no longer has access to his user account.
9.6. A termination becomes legally valid with a corresponding notification by Bestwrist to the e-mail address provided by the user. Terminations by the user require the use of the corresponding deletion function of the user account on the platform or the text form.
10.1. The aim of Bestwrist is to ensure a permanent trouble-free operation of the platform, insofar as it is limited to services that are within the sphere of influence of Bestwrist. The user recognizes and accepts that a complete uninterrupted availability of the platform is technically not feasible. Accordingly, Bestwrist may restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity issues or other events.
10.2. Bestwrist cannot check the content and sales offers posted on the platform in advance. Accordingly, Bestwrist cannot be held responsible for the correctness, completeness, appropriateness, reliability, timeliness and/or accuracy of the information and sales offers available on the platform. Likewise, no claim can be made against Bestwrist that the content and sales offers posted are free of defects.
As far as legally permissible, Bestwrist's liability for slightly negligent breach of obligations that are not essential contractual obligations is excluded. This includes obligations whose fulfillment is essential for the proper execution of the contract (e.g. the provision of the platform or its content) and on whose compliance the user may regularly rely.
10.4. The aforementioned limitation of liability also applies analogously to damages caused by authorized auxiliary persons and partners.
10.5. Bestwrist is not liable for the actions of users or other third parties. Such third parties also do not act as vicarious agents of Bestwrist. Liability for indirect and consequential damages is - as far as legally permissible - excluded.
10.6. Bestwrist's liability for intent, gross negligence, personal injury and in accordance with mandatory statutory provisions remains unaffected by the above limitations of liability.
Bestwrist's privacy policy applies to data protection.
The user agrees to the use of cookies. Further information can be found in the privacy policy.
Bestwrist is not liable for the loss of user data, unless this is due to gross negligence or intent. Users are responsible for backing up their data regularly.
12.1. The user indemnifies Bestwrist, its employees and its agents against all claims of third parties in the event of claims for alleged or actual infringements and/or infringement of third party rights asserted in connection with the use of the platform or services of Bestwrist by the user.
12.2. The user undertakes to reimburse Bestwrist for any costs incurred by Bestwrist as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal prosecution and legal defense that Bestwrist should incur to defend against third-party claims. In this case, Bestwrist will immediately inform the user concerned about the legal defense measures to be taken.
13.1. Should one or more provisions of the contractual provisions be or become invalid, this shall not affect the validity of the remaining provisions.
13.2. The law of the Federal Republic of Germany applies.
13.3. Bestwrist will inform the user in text form about changes to these conditions without having to send or otherwise communicate the changed conditions in detail or the new version of the conditions as a whole; it is sufficient to inform the user of the fact of the change as such as well as a link to the new conditions. If the user does not object to the change in text form within 14 days of notification of the change, this shall be deemed to be consent to the change; Bestwrist shall make reference to this in the change notifications.
13.4. Communication between Bestwrist and the user is mainly in German or English. Contracts and legal notices are also drawn up in German or English. The German version is legally binding and authoritative.
13.5. The user is not entitled to transfer his rights and obligations under this contract to third parties without the prior written consent of Bestwrist.
13.6. The place of jurisdiction for all disputes in connection with this contract is Düsseldorf.