Authentication
1. Scope of Application
The Modern M, LLC, 131 Continental Drive, suite 305, Newark, DE 19713, United States (hereinafter referred to as “Millaxo”) is the operator of the Millaxo.com online marketplace (hereinafter “the platform”).
The following Commitment to Authenticity applies to all items purchased from sellers on our platform.
2. Content of Commitment
Millaxo warrants in accordance with the following guidelines that the items is not a counterfeit:
Guidelines for new/unworn items:
Every new/unworn items shall be in unaltered condition – as delivered by manufacturer (apart from protective films or tags).
If accessories such as wristbands, boxes etc. are not original or not as delivered by the manufacturer, the seller has to inform about this in the respective product description.
New/unworn items which have been “modded” or decorated subsequently have to be marked as “custom” in the respective product description.
Guidelines for used items:
Items are objects of daily use which are subject to wear and tear. It is therefore self-evident that items require maintenance.
A items which was sent for revision still is an original, authentic items, even if components have been exchanged.
The elements affected by such exchange or replacement often are the protective glass, the watch-dial, certain springs and wear parts in the mechanism, housing sealing, screws or sets of hands.
Even for proven experts it is often impossible to trace all repairs (e.g. each exchanged component and its originality or the use of an identical component from another manufacturer, such as screws) in a watch when appraising the watch movement.
The exchange or replacement of elements does not impair the originality of the purchased object.
On these premises, the following applies to used items:
The seller shall check the item for possible repairs or replacement parts.
The seller shall inform about known deviations from the original condition in the respective product description.
It can not be guaranteed that used items feature original wristbands or the complete accessories. However, the seller shall inform about known deviations as detailed as possible.
3. Complaint Period
The Commitment to Authenticity is valid for 21 days from receipt of the watch. If a buyer has any doubts about the item’s authenticity, they must submit a complaint to client@millaxo.com within this period.
4. Expiry of Commitment
The Commitment to Authenticity is null and void if the buyer opens the item themselves, has it opened by a third party, or removes any components without the explicit written consent of Millaxo (e.g., via email).
5. Upholding Our Commitment / Authenticity Claims / Maximum Reimbursement
1. Millaxo will get in touch with the seller after receiving a complaint to examine the case and find a satisfactory solution.
2. If no other mutually satisfactory agreement is reached, Millaxo will reimburse the buyer for the purchase price of the item, provided that the buyer returned the item to Millaxo or to the seller with Millaxo’s explicit consent (“Authenticity Claim”).
6. Obligation to Mitigate Loss / Assignment Agreement
1. The buyer is required to take all necessary measures to (a) avoid the occurrence of an authenticity claim and/or (b) recover any and all payments already made to the seller.
2. The buyer irrevocably assigns to Millaxo all claims and receivables against the seller and third parties (e.g., insurance companies) which are connected to the transaction covered by the Commitment to Authenticity, including any ancillary rights. Millaxo accepts this assignment, which is effective in the event of an authenticity claim (cf. Section 5(2) of these Terms and Conditions).
7. Final Provisions
1. If one or more provisions of this Commitment to Authenticity are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.
2. These Terms and Conditions for the Millaxo Authentication shall be governed exclusively by United States law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). The choice of jurisdiction shall only apply to a limited extent or not at all if the user concludes this contract for a purpose which can be regarded as being outside their trade or profession (consumer) and if this obligation on the part of the user has the effect that they are not subject to the consumer protection legislation of their country of residence. In this case, the aforementioned legal jurisdiction will be supplemented by the consumer protection legislation of the user’s country of residence.
3. If and to the extent that the buyer is a seller, the place of jurisdiction for all disputes arising out of or in connection with this Commitment to Authenticity shall be Delaware, United States.