Terms of service

General Terms and Conditions (GTC)

Section 1 – Scope
1.1 These terms of sale ("Terms") apply to the sale of products through the online shop
("Shop") operated by MONTREDO GmbH (registered office: Friedrichstraße 122/123, D-10117 Berlin, phone: +49 30 28886470, hereinafter "MONTREDO" or "we"). MONTREDO GmbH is legally represented by Philipp Weiner. Purchasing a product in the Shop requires your acceptance of these Terms. Please read them carefully. If you do not agree to any of these Terms, you may not place orders. The Terms apply regardless of whether the customer is a consumer, entrepreneur or merchant.
1.2 These Terms apply to the use of the online shop at www.montredo.com and to all
contracts concluded with the customer via the online shop.
1.3 The version of the Terms valid at the time the contract is concluded is decisive.
1.4 The customer may also sell watches to MONTREDO or sell watches via MONTREDO on a commission basis. The separate Terms for Purchase and the Terms for Commission Business
apply in addition.

Section 2 – Conclusion of contract
2.1 The presentation and advertising of items in the online shop does not constitute a
binding offer to conclude a purchase contract.
2.2 By submitting an order via the online shop by clicking the "Buy" button, the customer
places a legally binding order. The customer remains bound to the order for one week
after placing it; any right to withdraw under Section 10 remains unaffected.
2.3 Receipt of the order is confirmed without undue delay by email (restating the order). Such an email serves documentation purposes and does not constitute binding acceptance of the order unless acceptance is declared together with the confirmation of receipt.
2.4 Receipt of the customer's offer is followed by a review phase. A contract is formed
only when MONTREDO accepts the order by a declaration of acceptance ("order
confirmation") by email no later than the end of the third business day following the
day of the offer, or by delivering the ordered items.
2.5 MONTREDO is entitled to reject contract offers without stating reasons. In that case MONTREDO will inform the customer of the rejection by email. Any consideration received will be refunded without undue delay, using the same means of payment used for the original transaction unless expressly agreed otherwise.
2.6 MONTREDO also reserves the right to withdraw from the contract if the goods are
unavailable through no fault of MONTREDO from a carefully selected and reliable supplier
(reservation of self-supply). In that case MONTREDO will inform the customer without
undue delay and refund any payments made without undue delay.
2.7 The customer may conclude the contract in German, English, French, Italian or Dutch.

Section 3 – Product information, availability and security checks
3.1 The product information shown in the online shop (in particular descriptions, images, scope of delivery and condition statements) is provided for information. Particularly for used watches, minor product-typical deviations (e.g. due to lighting in photos) or
usual signs of use may occur; decisive is the specific description of the watch in the
online shop at the time of the order.
3.2 MONTREDO reserves the right to verify orders before acceptance under Section 2 (in particular before shipment or order confirmation) within a reasonable review phase, e.g. for fraud and abuse prevention and compliance with legal requirements (in particular anti-money-laundering / sanctions rules) or to check availability. MONTREDO may request suitable evidence or additional information.

Section 4 – Prices and payment methods
4.1 All prices are final prices and include statutory VAT where applicable.
- For delivery within the EU, prices include the applicable statutory VAT.
- For deliveries to Switzerland and the United Kingdom, import VAT and customs duties are already included in the price at checkout (delivered duty paid).
- For deliveries to other countries outside the EU, prices may be shown without German VAT; any import duties, customs and taxes in the destination country are borne by the
  customer (see Section 5.5).
- Used watches are in part sold under the margin scheme pursuant to Section 25a UStG; in that case VAT is not shown separately.
Prices may be changed at any time before your order without prior notice; the price
shown during the order process is decisive.
4.2 The total amount payable, including any shipping costs, is due for immediate payment.
The payment methods available in each case are shown during the order process. In
particular the following are available:
- Credit card (Visa, Mastercard, American Express), incl. Apple Pay / Google Pay
- PayPal
- Klarna (Pay Now, Pay Later, Pay over Time)
- Bank transfer / payment in advance
- Instant bank transfer and local payment methods (e.g. iDEAL, Bancontact, EPS, Wero,
  Maestro, Union Pay)
- Payment with the stablecoin USDC (see Section 4.7)
Which methods are available in a given case may depend on the delivery country, order
value and product.
4.3 For all payment methods, a payment confirmation or financing approval does not
constitute acceptance of the purchase contract by MONTREDO. The contract is formed solely in accordance with Section 2.
4.4 MONTREDO uses various payment service providers. Payment and other data are
transmitted to them and to the relevant card organisations. Details are set out in our
Privacy Policy.
4.5 If "credit card" (incl. Apple Pay / Google Pay) is selected, the customer's card
account is charged upon completion of the order. The cards stated in the order process (e.g. Visa, Mastercard, American Express) are accepted. The 3-D Secure procedure (e.g. "Visa Secure", "Mastercard Identity Check") may be used. If collection fails, the customer must reimburse the additional costs to the extent the customer is responsible.
In the event of a chargeback for which the customer is responsible, we reserve the right to pass on the resulting costs and bank fees. The customer must ensure sufficient funds on the stated card account.
4.6 Klarna:
4.6.1 Klarna Pay Later: customers may order the watch home for inspection and pay within 30 days before committing — without interest or extra fees. Payment is made with discharging effect directly to Klarna Bank AB. MONTREDO assigns the purchase-price claim including ancillary claims to Klarna Bank AB; Klarna becomes the holder of the claim. See the Klarna payment terms and Klarna privacy notice.
4.6.2 Klarna Pay Now: customers pay immediately by secure bank transfer via Klarna.
4.6.3 Klarna Pay Over Time: customers may split the cost over 6–36 months as financing,
or pay in 3 or 4 instalments via card or bank account. Payment is made with discharging effect directly to Klarna Bank AB; MONTREDO assigns the purchase-price claim including ancillary claims to Klarna Bank AB.
4.7 Payment with USDC: where offered, the purchase price may be paid with the stablecoin USD Coin (USDC). Processing is carried out via Shopify Payments. The total amount shown in euros during the order process is decisive; the USDC amount payable is determined on the basis of the conversion rate displayed at the time of payment. Payment is deemed made only upon final confirmation of the transaction on the blockchain. In the event of withdrawal or any other refund, reimbursement is generally made using the same means of payment. If a refund in USDC is not possible or not desired by you, we refund the amount originally shown in euros by bank transfer; exchange-rate differences and network/transaction fees are not borne by us, to the extent legally permissible.

Section 5 – Delivery and shipping
5.1 Shipping of products sold by MONTREDO is carried out by the shipping providers stated under Shipping costs.
5.2 Shipping within the European Union is free. For deliveries outside the EU, a shipping charge may apply; if it does, it is shown bindingly at checkout before you place your order. Details are set out in our Shipping Policy.
5.3 Goods purchased via MONTREDO are dispatched exclusively as insured transport through the stated shipping partners.
5.4 We ship to the following countries: Australia, Bahrain, Belgium, Bulgaria, Germany,
Denmark, Estonia, Finland, metropolitan France, Greece, United Kingdom, Hong Kong,
Ireland, Israel, Italy, Japan, Canada, Qatar, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Monaco, New Zealand, Netherlands, Norway, Oman, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Singapore, Slovakia, Slovenia, Spain, Taiwan, Czech Republic, Hungary, USA.
5.5 For deliveries to Switzerland and the United Kingdom, import VAT and customs duties are already included in the price (delivered duty paid); no further import charges arise for the customer on delivery. For deliveries to other countries outside the EU, import duties and taxes may be levied once the parcel reaches its destination; these are borne by the customer. MONTREDO has no influence over these. The customer is regarded as the importer and must comply with all laws and regulations of the destination country.
Cross-border deliveries are subject to opening and inspection by customs authorities.
5.6 The estimated delivery time is shown in the respective product description and runs from receipt of payment. Delivery times may be subject to usual postal fluctuations and
delays caused by force majeure and other events outside MONTREDO's control.
5.7 If the order is delivered in partial deliveries, the customer is charged shipping
costs only for the first partial delivery.
5.8 If the customer withdraws the contractual declaration under Section 10, the customer may, under the statutory conditions, claim reimbursement of the costs already paid for delivery (outbound shipping costs).

Section 6 – MONTREDO Guarantee
6.1 MONTREDO grants its customers an extended warranty under certain conditions
("MONTREDO Guarantee"). It applies for 24 months from the date of purchase and relates exclusively to watch movements. During the first 12 months, only the statutory warranty applies. From the 13th month, MONTREDO additionally guarantees the following services
for all watches in the event of a justified complaint:
a) Repair of the watch by a specialist. Within the guarantee, the working hours of the watchmaker are covered by MONTREDO. Spare parts that must be procured for the repair are charged to the customer.
b) The cost of spare parts is communicated to the customer in writing before procurement and must be confirmed by the customer beforehand.
The customer bears the transport costs within the MONTREDO Guarantee. The claim must be notified in text form by email or post, describing the defect. MONTREDO then arranges collection of the watch from the customer. If the conditions are not met, the customer is informed with reasons. Warranty rights under Section 9 remain unaffected.
6.2 The MONTREDO Guarantee does not apply in the following cases: intentionally caused damage; water damage; repairs that cannot be carried out by a MONTREDO in-house watchmaker (repairs by the manufacturer are excluded); where the spare part is
demonstrably unobtainable outside MONTREDO's control or the manufacturer does not supply it; straps, glasses, crowns and all wear parts as well as damage not caused by natural or ordinary wear. The customer bears the cost of any required materials and spare parts; estimated costs are communicated before the repair, and the customer decides whether it is carried out.
6.3 MONTREDO is not obliged to provide guarantee services under Section 6.1 where
performance is impossible.
6.4 MONTREDO arranges collection of the watch from the customer and returns it after
service. Transport is carried out as insured value transport; the customer bears the
cost (including transport insurance) per the table in the Shipping Policy. The customer
may, at their own wish and risk, choose another shipping method for transport to MONTREDO.
6.5 The MONTREDO Guarantee lapses upon resale by the buyer.
6.6 The customer must prove that the item submitted is the item purchased from MONTREDO. Items sent in by mistake are returned promptly.

Section 7 – Customer obligations
7.1 Measures and actions that may result in an unreasonable or excessive load on the
MONTREDO infrastructure are not permitted.
7.2 Customers may not block, overwrite or modify content generated by MONTREDO or
otherwise interfere with the MONTREDO website.
7.3 Content stored on the MONTREDO website may not be copied, distributed, used or
reproduced without the prior consent of the rights holders. This also applies to copying
by means of "robot/crawler" search-engine technologies or other automated mechanisms.
7.4 MONTREDO is entitled to block customer accounts where there is a suspicion of
fraudulent or other abusive use. MONTREDO informs the customer of a block by email where this does not jeopardise the purpose of the block.

Section 8 – Liability of MONTREDO
8.1 MONTREDO endeavours to keep the website available without interruption and to ensure error-free transmissions; this cannot, however, be guaranteed at all times. Access may
occasionally be interrupted or restricted to allow repairs, maintenance or the
introduction of new features.
8.2 MONTREDO's liability is limited as follows: MONTREDO is liable for intent and gross
negligence in accordance with statutory provisions. Otherwise — unless provided
differently in Section 8.3 — MONTREDO is liable only for breach of a contractual duty
the fulfilment of which is essential to the proper performance of the contract and on
whose observance the customer may regularly rely (cardinal duty), limited to
compensation for the foreseeable, typical damage. In all other cases liability is
excluded. The limitations apply accordingly in favour of MONTREDO's employees, agents and vicarious agents.
8.3 The above exclusions do not apply to injury to life, body or health. Liability under
an assumed guarantee and under the Product Liability Act also remains unaffected.

Section 9 – Warranty
9.1 The statutory warranty rights apply to all contracts between MONTREDO and the
customer.
9.2 Towards entrepreneurs as buyers, liability for defects in used goods is excluded;
this does not apply in cases of gross negligence or intent. For new goods, warranty
rights become time-barred within one year of the passing of risk.
9.3 Towards consumers, the limitation period for warranty claims is two years from
delivery for new goods. For used goods, the limitation period is one year from delivery;
this shortening applies only if the consumer was specifically informed of it before
submitting their contractual declaration and the shortening was expressly and separately
agreed (Section 476(2) BGB). Otherwise the two-year period applies.
9.4 Ordinary signs of wear (e.g. scratches on the case/strap) do not constitute defects
in used goods under sales law.
9.5 Damage caused by improper handling of the goods by the buyer is excluded from the warranty.

Section 10 – Right of withdrawal for consumers
10.1 If the customer is a consumer (a natural person placing the order for a purpose that can be attributed neither to their commercial nor to their independent professional
activity), a right of withdrawal applies under the statutory provisions.
10.2 If the consumer exercises the right of withdrawal, MONTREDO bears the regular costs of returning the goods, provided the return is made using the return label provided by MONTREDO or in accordance with MONTREDO's return instructions.
10.3 Otherwise, the rules of the following withdrawal instruction apply. Consumers may
also declare their withdrawal via the "Vertrag widerrufen" button on the website; we
confirm receipt without undue delay on a durable medium stating the date and time
(Section 356a BGB).
[The full withdrawal instruction and model form are set out on the "Right of
  Withdrawal" page and apply here accordingly.]
10.4 There is no right of withdrawal for distance contracts for the supply of goods that
are not prefabricated and for whose production an individual selection or determination
by the consumer is decisive, or which are clearly tailored to the consumer's personal
needs.

Section 11 – Retention of title
11.1 The goods remain the property of MONTREDO until full payment of the purchase price. Before title passes, pledging, transfer by way of security, processing or alteration
without MONTREDO's consent is not permitted.
11.2 The buyer must treat the goods with care until full payment of the purchase price.

Section 12 – Copyright
MONTREDO holds copyright in all images, films and texts published in the online shop.
Use without express consent is not permitted.

Section 13 – Prohibition of set-off between merchants
A customer who is not a consumer may only set off against MONTREDO's claims, or assert a right of retention, if their counterclaim is undisputed, a legally binding title exists,
or the counterclaim is in a synallagmatic relationship with the claim concerned.

Section 14 – Final provisions
14.1 Should individual provisions of these Terms be or become invalid and/or conflict
with statutory rules, the validity of the remaining Terms is not affected.
14.2 The customer's deviating terms do not become part of the contract even if MONTREDO does not expressly object to their validity.
14.3 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and, at the time the contract is concluded, has their habitual residence in another country, the
application of mandatory provisions of that country remains unaffected by this choice of law.
14.4 If the customer is a merchant, has no general place of jurisdiction in Germany or
another EU member state, has moved their permanent residence abroad after these Terms take effect, or their residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction is Berlin. Otherwise the applicable
statutory provisions apply.
14.5 Consumer dispute resolution: MONTREDO is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
14.6 Only the German-language version of these Terms applies. Translations into other
languages serve merely to aid comprehension.