Are buyers' offers on Chrono24 binding?
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  1. #1
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    Are buyers' offers on Chrono24 binding?

    I made an offer to a seller on Chrono24 using the "Suggest a Price" feature, and have not heard back. If they accept my suggestion, am I obligated to buy? (On eBay, if you make an offer that is accepted, you must buy the watch if it is accepted.) A seller has not responded to my offer. How long does it take for my offer to expire? I ask, as I am not sure if I can move on to making offers to other sellers while I wait for the seller in question to respond.

  2. #2
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    Re: Are buyers' offers on Chrono24 binding?

    Yes, you are committed to buy if they accept, but if time has passed and they did not accept they are either waiting for a higher offer or dismissed it completely.

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  3. #3
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    Re: Are buyers' offers on Chrono24 binding?

    I am quite sure you are not bound if they accept. I have bought many watches off Chrono24 and did not find that to be the experience. What could anyway? Just recently I made an offer on Chrono24 which the seller accepted but I then decided I should not purchase the watch and told the seller and it was a non issue.

    Anyway, a legal contract is based on an "offer" and an "acceptance", not a suggestion and an acceptance. Even Chrono24's use of the word "suggestion" rather than "offer" tells me it would not be binding if the seller agreed. Here is what Chrono24 has to say about the "suggest a price" feature"

    "Many sellers accept price suggestions. To suggest a price to the seller, click on the "Suggest Price" button on the offer page. After that, enter your suggested price and the delivery address. Read and accept the general terms and conditions and click on "Submit Price Suggestion". The seller will check your offer and respond to you. If the seller doesn't wish to accept price suggestions, this function will not be available."

    If Chrono24 wants a binding contract to arise when the seller accepts, they would say so. Their failure to say so tells me its not binding. Its just a vehicle to promote negotiations. Ebay is different because buyers and sellers are all members. What can Chrono24 do to a visitor who doesn't follow thru on a purchase?
    Last edited by Gary123; May 11th, 2018 at 05:47.
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  5. #4
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    Re: Are buyers' offers on Chrono24 binding?

    Why wouldn’t you read the fine print on Chrono24 before making the offer, instead of asking on here?
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    Re: Are buyers' offers on Chrono24 binding?

    Quote Originally Posted by Gary123 View Post
    I am quite sure you are not bound if they accept. I have bought many watches off Chrono24 and did not find that to be the experience. What could anyway? Just recently I made an offer on Chrono24 which the seller accepted but I then decided I should not purchase the watch and told the seller and it was a non issue.

    Anyway, a legal contract is based on an "offer" and an "acceptance", not a suggestion and an acceptance. Even Chrono24's use of the word "suggestion" rather than "offer" tells me it would not be binding if the seller agreed. Here is what Chrono24 has to say about the "suggest a price" feature"

    I think you may be wrong. As far as I can see, there is nothing in Chrono24's Terms and Conditions that says when the contract is made. I'm no expert in the The law of the Federal Republic Germany applies.

    "Many sellers accept price suggestions. To suggest a price to the seller, click on the "Suggest Price" button on the offer page. After that, enter your suggested price and the delivery address. Read and accept the general terms and conditions and click on "Submit Price Suggestion". The seller will check your offer and respond to you. If the seller doesn't wish to accept price suggestions, this function will not be available."

    If Chrono24 wants a binding contract to arise when the seller accepts, they would say so. Their failure to say so tells me its not binding. Its just a vehicle to promote negotiations. Ebay is different because buyers and sellers are all members. What can Chrono24 do to a visitor who doesn't follow thru on a purchase?
    As far as I know, and without doing research on the mercantile law of the Federal Republic of Germany (the governing law of Chrono24), once you have made an offer, unless withdrawn before acceptance or it lapses after a stated period, if the seller accepts it then a legally binding contract has arisen. The buyer is legally obliged to pay for the item and the seller is legally obliged to deliver the item. The terms and conditions that I've looked at on the Chrono24 site don't have any information as to when a contract is formed, therefore I assume the normal laws apply. Whether it's called a "price suggestion" or not is pretty much irrelevant. However, if the "suggestion" has wording along the lines of "this communication is not an offer to buy the item, but only an enquiry as to whether you will consider offers at this price", then it would not be construed as an offer, but only as part of pre-contract negotiations. If there is a clear offer met by a clear acceptance then the contract is formed. Absent anything that would be a reason to void the contract such as misrepresentation, fraud etc., then it becomes a matter of performing the contract by each party fulfilling their obligations.

    Buyer's remorse/regret or simply changing your mind is not a valid reason to think you can avoid these contractual obligations. If you have been fortunate enough to be allowed to back out of a contract by the seller, that's due to the seller deciding it's not worth the effort to hold you to your obligation, not through any legal rights (unless the abovementioned legal system gives them to you).
    Last edited by Mouse_at_Large; May 11th, 2018 at 12:28.
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  7. #6
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    Re: Are buyers' offers on Chrono24 binding?

    Quote Originally Posted by Gary123 View Post

    "Many sellers accept price suggestions. To suggest a price to the seller, click on the "Suggest Price" button on the offer page. After that, enter your suggested price and the delivery address. Read and accept the general terms and conditions and click on "Submit Price Suggestion". The seller will check your offer and respond to you. If the seller doesn't wish to accept price suggestions, this function will not be available."
    Gary has a point, but that you enter a delivery address and must accept terms and conditions (which I can't find on the app) makes me think that it isn't just a suggestion to the seller for how to price the watch. As for the other poster mentioning the seller let them out of a "suggestion", if both parties agree, all contracts can be voided, even on an ebay offer. I'd say you should read the terms and conditions on the suggestion feature if you can find them...I can't but I am using their app, maybe on their full website?

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    Re: Are buyers' offers on Chrono24 binding?

    Regardless of whether the offer and acceptance constitute a valid contract, the difficulties and costs involved in suing for breach of contract across international and jurisdictional boundaries renders this pretty much a moot point in reality.
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    Re: Are buyers' offers on Chrono24 binding?

    Quote Originally Posted by doggbiter View Post
    Regardless of whether the offer and acceptance constitute a valid contract, the difficulties and costs involved in suing for breach of contract across international and jurisdictional boundaries renders this pretty much a moot point in reality.
    100% agree. When theory conflicts with practical reality there is generally only one winner. However, there is a small (perhaps miniscule) chance that a particular seller will try to enforce their rights under a contract. If you want to take that risk, so be it. However, if you commonly welch on agreements you may find your reputation in the gutter pretty quickly. And so it should be.
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  10. #9
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    Re: Are buyers' offers on Chrono24 binding?

    I think you are all missing the point. When you make an offer on eBay, the duration is for 48 hours. When you make an offer on a house, the duration is typically specified in the offer. Chrono24 doesn't have people specify the duration of the offer. At some point, after no response, the buyer needs to go on and make an offer to someone else. When using eBay and when buying real estate, that timeframe is clear. On Chrono24, it isn't.
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    Re: Are buyers' offers on Chrono24 binding?

    I side with Adam. Unless there's a specified time frame with an agreed upon release point how could one end an open offer? Sounds to me like the Chrono24 option is a suggested offer to their consignee. It allows conversation between interested parties without contractual obligation.
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