Terms & Conditions

Last updated: 9 May 2024

Please read these terms thoroughly before utilizing Winder. Your use of our services indicates your consent to be bound by these terms.

Scope

This "General Terms and Conditions of Sale" shall apply to sale of goods contracts concluded over Winder App L.L.-FZ between the Vendor and the Customer.

Winder’s Status

Winder serves solely as a platform facilitating transactions between Vendors and Customers, enabling them to enter into sales contracts. For avoidance of doubt, Winder does not become a contracting party in the purchase agreements between Vendors and Customers.

Listings and Prices Displayed on the Platform

The listings displayed on the Platform constitute non-binding invitations to submit a binding offer to the Vendor.

The prices displayed on the Platform encompass all statutory taxes and any price elements.

Conclusion of the Contract

Since the listings of watches do not constitute binding offers, conclusion of the contract shall only take place after the Vendor accepts the Customer’s offer. The Vendor’s may accept such offer either expressly or by dispatch of the relevant watch.

Consumer’s Right to Withdraw

If the Vendor is an entrepreneur and the Customer is a consumer, the Customer shall be entitled to withdraw from the contract and get reimbursed. Unless the applicable law grants a longer time period for withdrawal, the withdrawal right shall expire 14 days after conclusion of the contract.

If the Customer wishes to exercise their right of withdrawal, they must notify the Vendor through the Platform or the contact information provided on the Platform.

Upon such notification, the Vendor is obligated to refund the Customer all payments received, including delivery costs (excluding additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard option offered by the Vendor), without delay and no later than 14 days from the date of notification of withdrawal.

Reimbursement shall be conducted using the same payment method utilized by the Customer in the initial transaction.

Upon withdrawal, the Customer must return the goods to the Vendor's address specified on the Platform or any other address provided by the Vendor. The Customer must return the goods as a valuable parcel, insured for the purchase price to prevent any loss. Otherwise, the Customer shall be liable for damages in case the goods are lost, damaged or destroyed.

The Vendor reserves the right to withhold reimbursement until the goods are received. To prevent potential claims for loss of value due to damage, the goods must be returned in their original packaging (box) along with complete documentation (warranty card, certificates), and all accessories. Otherwise, the Vendor shall be entitled to claim their damages from the Customer and setting-off their damages from the payment price to be returned to the Customer.

Terms of Payment

Following the conclusion of the sales contract, the Customer shall make payment in advance to the designated account within 3 business days.

If the Customer fails to pay the purchase price within 3 business days, the Vendor shall be entitled to terminate the purchase contract without setting an additional deadline. The Customer agrees that in the event of such termination of the contract, they will not make any claims against the Seller.

Shipping and Insurance Clause

The goods will be dispatched directly by the Vendor to the address provided by the Customer. The Vendor commits to arranging transport insurance that covers the entire value of the goods and selecting a shipping method that includes tracking. Unless otherwise agreed upon, the Customer shall bear the shipping costs, as well as transport insurance.

Conformity of the Goods

The Vendor must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.

Except where the parties have agreed otherwise, the goods do not conform with the contract unless they:

• are fit for the purposes for which goods of the same description would ordinarily be used;
• possess the qualities of goods which the Vendor has held out to the buyer as a sample or model;
• are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.

The Vendor is not liable under subparagraphs (a) to (c) of the preceding paragraph for any lack of conformity of the goods if, at the time of the conclusion of the contract, the buyer knew or could not have been unaware of such lack of conformity.

Vendor’s Warranties

Unless it is stated in the description otherwise, the Vendor does neither guarantee that the watches or new nor waterproof.

Unless stated otherwise in the condition description, signs of usage and age-related wear (such as scratches on the strap and glass/housing) as well as variations in accuracy shall not be considered defects, provided they are consistent with the typical condition of a used item.

Authenticity of the Watches

The Vendor warrants that the watches are original and authentic. For the avoidance of doubt, a watch sent to the manufacturer for revision remains an original, authentic watch, even if components have been exchanged.

Limitation of Liability

To the extent that the applicable law permits, the Vendor and their vicarious agents shall not be liable for any damages that they cause with slight negligence.

Customer’s Remedies for Non-conformity

In case the watches are found to be defective, the Customer shall be entitled to assert all remedies available under the applicable law against the Vendor and under the statutory limitation period.

The Customer understands and agrees that Winder App L.L.C-FZ shall not be a party to the sales contract and the Customer shall not be entitled to assert any claims of non-conformity against Winder.

Priority of Standard Terms and Conditions

These Standard Terms and Conditions shall have priority over deviating contractual terms and conditions used by the Vendor or the Customer.

Severability

If any provision of this agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this agreement.

Applicable Law

This General Terms and Conditions shall be governed by the law of the Vendor’s home state.