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GTC

Aureum Momentum

General Terms and Conditions (GTC) for Haute Horlogerie Group and Aureum Momentum

Status: December 19, 2023

The following applies to data protection privacy policy of Haute Horlogerie Group.

  1. Scope of application

1.1 The Haute Horlogerie Group, with its registered office at Hauptstrasse 56, 9052 Niederteufen (hereinafter “Haute Horlogerie Group”), operates the online marketplace for high-quality watches under the name Aureum Momentum (hereinafter “Platform”). The following “General Terms and Conditions” apply to the free use of the Platform.

1.2 The General Terms and Conditions can be called up and printed out for the duration of the contract in the version applicable at the time at [link to the GTC].

  1. Service description

2.1 Haute Horlogerie Group offers registered users the technical possibility of contacting watch sellers via the platform.

2.2 The Haute Horlogerie Group itself does not offer any items for sale on the Platform. So-called direct sales are made exclusively by employees of Aureum Momentum, a subsidiary of the Haute Horlogerie Group. Information on the respective employee and supplier can be found under the retailer details of the respective advertisement.

2.3 The advertisements of the providers available on the platform do not constitute legally binding sales offers for the conclusion of a sales contract, but merely a non-binding invitation to submit sales offers to the provider.

2.4 Product images in advertising materials, brochures, on the website, etc. are for illustrative purposes only and are non-binding. This also applies to product information, as it is for information purposes only. The relevant information originates exclusively from the manufacturer (e.g. with regard to the manufacturer’s warranty). Illustrations of CPO watches are individual and correspond to the watches actually available.

  1. Appointments and user data

3.1 Appointments can only be made for persons with unlimited legal capacity. Minors are excluded from making appointments.

3.2 A current e-mail address is required to make an appointment. A password is not required as no registration is necessary. The e-mail address is used for communication for the appointment arrangements and is decisive for all corresponding correspondence in connection with Aureum Momentum.

3.3 The User is responsible for maintaining the confidentiality of the e-mail address. If there are indications that third parties have unauthorized access to the appointment arrangements for Aureum Momentum, the User is obliged to notify Aureum Momentum immediately.

3.4 The use of the e-mail address for making appointments with Aureum Momentum is personal and non-transferable. Without the express consent of Aureum Momentum, the User is not permitted to transfer the appointment arrangements to a third party. Likewise, the user is not permitted to allow third parties to access the appointments using his e-mail address without the express consent of Aureum Momentum.

3.5 The User is generally responsible for all activities in connection with the appointment arrangements for Aureum Momentum. The User is not liable if he is not responsible for the unauthorized access to the appointment arrangements and the existing duties of care have not been violated.

  1. Use of the platform

4.1 Aureum Momentum provides users with free functions that facilitate the use of the platform, in particular the search for offers (e.g. notepad, chronography) and the management of appointments. Users can also communicate better with Aureum Momentum.

4.2 Aureum Momentum may change the use of the Platform or individual functions or the extent to which individual functions can be used at any time.

4.3 Use of the platform is free of charge.

4.4 Only persons of full legal capacity are permitted to make appointments and use the platform. Minors are prohibited from using the platform.

  1. General obligations of the user

5.1 The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the platform or the underlying technical infrastructure. This includes in particular

  • the use of software, scripts or databases in connection with the use of the platform;
  • the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the platform;
  • the distribution and/or public reproduction of content from the platform without the consent of Aureum Momentum.

5.2 Users may only make appointments using the means of communication offered by Aureum Momentum. It is not permitted to search for appointments by circumventing the means of communication offered, in particular by using automated search software.

5.3 The user may not use the data and content obtained or made accessible through the use of the platform, either in whole or in part, for the creation of its own database or for commercial data utilization or exploitation.

5.4 The user may not send any messages with advertising content via the platform without the consent of the recipient (in particular: spam messages).

5.5 Should there be any disruptions in the use of the Platform, the User shall inform Aureum Momentum of these disruptions without delay. The same applies if the user becomes aware of content published by third parties that obviously violates applicable law or the rights of third parties.

  1. Contract durationTermination, blocking

6.1 The use of the platform is without a fixed contract term and can be terminated at any time.

6.2 Aureum Momentum reserves the right to terminate the contract without notice in the event of a persistent breach of the Terms of Use.

6.3 In the event of good cause, Aureum Momentum may also order the blocking of access instead of termination.

6.4 Termination shall result in the user not having access to the platform.

6.5 Notices of termination shall be legally valid if sent to the e-mail address provided by the user.

  1. Warranty and liability

7.1 Aureum Momentum implements measures on an ongoing basis to ensure the smooth operation of the Platform. These efforts focus on those aspects that can be directly controlled by Aureum Momentum. The User is aware that a completely trouble-free availability of the Platform cannot always be technically guaranteed. In particular, Aureum Momentum reserves the right to restrict access to the Platform in whole or in part, temporarily or permanently, for reasons such as maintenance work, capacity issues or other events beyond its control.

7.2 Content and dates published on the Platform are not subject to prior verification by Aureum Momentum. Therefore, Aureum Momentum cannot guarantee the correctness, accuracy, reliability, timeliness, appropriateness and/or completeness of the information and dates available on the Platform. There is also no claim that the published content and dates are free of defects.

7.3 Aureum Momentum shall not be liable for slight negligence in connection with breaches of duty that are not considered material to the contract. These are obligations whose fulfillment is essential for the proper performance of the contract.

e execution of the contract and on whose compliance the user may regularly rely.

7.4 To the extent permitted by law, liability for slightly negligent breaches of duty relating to the provision of the platform or its content is excluded.

7.5 The above limitations of liability apply analogously to damages caused by authorized auxiliary persons, in particular partners. Aureum Momentum is not liable for the actions of Users or other third parties. Such third parties also do not act as vicarious agents of Aureum Momentum. Liability for indirect and consequential damages is excluded to the extent permitted by law.

7.6 Aureum Momentum’s liability for intent, gross negligence, personal injury and in accordance with mandatory statutory provisions remains unaffected by the above limitations of liability.

  1. Data protection

The collection and processing of personal information about customers by Aureum Momentum. is explained in detail in the Privacy Policy. This Privacy Policy is an integral part of these General Terms and Conditions (GTC). The privacy policy can be found under the section Privacy Policy and is seamlessly integrated into these GTC.

  1. Indemnification claim

9.1 In the event of alleged or actual infringements and/or violations of third party rights in connection with the use of the Platform or the Services of Aureum Momentum by the User, the User releases Aureum Momentum and its employees and agents from all third party claims.

9.2 The User undertakes to reimburse all costs incurred by Aureum Momentum as a result of claims asserted by third parties. This also includes the costs of reasonable legal prosecution and legal defense incurred by Aureum Momentum to defend against third-party claims. In this case, Aureum Momentum shall immediately inform the user concerned about the measures to be taken for legal defense.

  1. Final provisions

10.1 Should one or more provisions of the contractual provisions be or become invalid, this shall not affect the validity of the remaining provisions.

10.2 Aureum Momentum shall notify the User of changes to these Terms and Conditions in text form without having to send or otherwise communicate the changed Terms and Conditions in detail or the new version of the Terms and Conditions as a whole; notification of the fact of the change as such and a link to the changed General Platform Terms and Conditions shall suffice. If the User does not object to the amendment in text form within 14 days after notification of the amendment, this shall be deemed as consent to the amendment; Aureum Momentum shall point this out in the amendment notifications.

10.3 The place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal basis, is Switzerland.