Terms of Service – Japan Repair & Restoration Service

New Version (revised by provider), Status: August 2026 — Supplement to the General Terms and Conditions of Mario Lenke (Status April 2026)

These Special Terms and Conditions (hereinafter "Service Terms") exclusively govern the Japan Repair & Restoration Service. Otherwise, the General Terms and Conditions of Mario Lenke, in their version valid at the time of contract conclusion, shall apply. In case of contradictions, these Service Terms shall prevail.

§ 1 Scope of Application and Subject Matter of the Contract

(1) These Service Terms apply to all orders placed via Japanese Microbrands (Mario Lenke, Ober-Ramstädter Str. 96E, 64367 Mühltal, hereinafter "Provider") within the framework of the Japan Repair & Restoration Service.

(2) The subject of the service is the overhaul, repair, and restoration of wristwatches, especially Japanese vintage models, by specialized partner workshops. The watches are taken over by the provider for the purpose of assessment, coordination, and execution of the commissioned work and returned to the customer or shipped to them after completion of the work. The selection of the executing workshop is the responsibility of the provider.

(3) The service is exclusively aimed at consumers within the meaning of § 13 BGB with residence in the European Economic Area (EEA).

(4) The provider is entitled to refuse incoming orders after inspection or assessment, especially if the technical feasibility is doubtful, spare parts cannot be obtained or only with disproportionate effort, legal or customs obstacles exist, or the watch, in the provider's estimation, poses an atypically high risk of damage or liability.

§ 2 Conclusion of Contract and Scope of Services

(1) The service order is concluded by a written order from the customer (e.g., via email, web form, or letter) and the provider's explicit order confirmation. When booking via the online shop, the cost estimate contract is concluded upon completion of the order process.

(2) The order can be placed either as a cost estimate order according to § 3 or directly as a repair/overhaul order. Even with a direct repair/overhaul order, the provider is entitled to first carry out a technical assessment and submit a cost estimate to the customer before commencing work.

(3) The scope of services contractually owed is determined exclusively by the order confirmation and, if applicable, by the cost estimate approved by the customer, including explicitly approved additional work.

(4) By placing the order, the customer confirms that they are the owner of the submitted watch or have sufficient power of disposal and that no third-party rights prevent the execution of the order.

§ 3 Cost Estimate (KVA)

(1) Before carrying out a repair or overhaul, the customer can first obtain a binding cost estimate.

(2) For the preparation of the cost estimate, a flat processing fee of EUR 49.00 gross per watch will be charged. This fee is due regardless of whether the customer subsequently places the repair order. It covers in particular the assessment, photo documentation, diagnosis, communication with the executing workshop, and organizational effort. If the customer places a repair order within 30 days of receiving the cost estimate, the fee will be fully credited to the invoice amount.

(3) The cost estimate is binding for the provider for 30 days from its receipt by the customer, unless unforeseen circumstances arise, in particular if additional defects appear after further opening of the watch, spare part prices change, or the availability of spare parts differs.

(4) If the customer rejects the cost estimate or does not provide approval within the period according to paragraph 3, the watch will be returned to the customer unrepaired or shipped to them. The KVA fee remains due.

(5) If the customer revokes a KVA order after expressly requesting an early start of services, they shall owe compensation for value only in accordance with legal provisions. If the customer cancels the KVA order after the start of the assessment, the KVA fee remains due in full; further legal claims remain unaffected.

§ 4 Prices, Due Date, Payment and Rights of Retention

(1) All prices are in euros including statutory value-added tax at the currently applicable rate, unless explicitly stated otherwise.

(2) The KVA fee is due immediately upon completion of the order process for online bookings, otherwise upon placement of the order and receipt of the invoice, without deduction.

(3) Repair and overhaul prices are, unless expressly agreed otherwise, fixed prices for labor and organizational services. Spare parts, third-party services, special materials, special transport or insurance costs, customs- or duty-related additional costs, and additional services requested by the customer are not included in the fixed price and will be charged separately.

(4) Work not covered by the approved cost estimate will only be carried out after separate approval by the customer. The provider is entitled to demand an appropriate advance payment for spare parts, additional work, or cost-intensive third-party services.

(5) Payment is due upon acceptance. If the customer requests the return of the watch, the provider is entitled to make the return shipment dependent on full payment being received beforehand. Other legal rights of retention and liens remain unaffected.

(6) If the customer cancels an already approved repair or overhaul order before completion of the work, the remuneration shall be determined according to § 648 BGB. Without prejudice to further legal claims, in this case the customer shall owe at least the services already rendered up to the cancellation, incurred transport, diagnostic, communication and coordination costs, as well as costs for already ordered or individually procured spare parts, unless these can be reasonably utilized elsewhere.

(7) If, in the course of diagnosis or processing, it turns out that a repair is technically not possible or economically unreasonable, the provider is entitled to discontinue the work. In this case, only the expenses incurred up to that point will be charged; however, at least a flat-rate expense of EUR 49.00 gross will be incurred. Any KVA fee already paid will be credited against this.

§ 5 Customer's Duties of Cooperation and Approvals

(1) The customer must provide all information required for processing accurately and completely, in particular regarding make, model, reference, serial number, known previous damage, previous repairs, suspected defect, and the approximate market value of the watch.

(2) The customer must respond to inquiries, approval requests, or supplementary offers from the provider within a reasonable period. Unless otherwise notified, a period of 14 calendar days from receipt of the notification is considered reasonable.

(3) If the customer does not respond in due time, the provider is entitled to suspend processing until a response is received. After an unsuccessful reminder, the provider can return the watch unrepaired or ship it to the customer and settle the costs incurred up to that point.

(4) The provider is not obliged to undertake cost-incurring additional work without the customer's express approval, unless the measure is objectively necessary to avoid further significant damage to the watch and prior consultation is not possible within a reasonable time.

§ 6 Submission, Packaging, Value Declaration, Accessories and Transport

(1) The customer sends the watch to the provider at their own risk and expense. For shipping to the provider, adequate transport insurance is recommended.

(2) The watch must be packaged securely for transport. The customer should include a brief order description, their full contact details, and – if available – reference and serial number with the shipment.

(3) Unless expressly requested by the provider, boxes, papers, additional links, replacement straps, tools, or other accessories should not be sent along. For unsolicited accessories sent along, the provider is liable only in accordance with § 9 of these Service Terms.

(4) The customer must truthfully state the value of the watch when placing the order. Watches with a value of more than EUR 10,000 require a separate written agreement on an increased insured sum before transport or return shipment; without such an agreement, the provider's liability for loss or damage is limited to the standard insured amount, as far as legally permissible. Furthermore, the provider is released from its liability insofar as transport damage or loss is due to the fact that the customer provided an inaccurate or incomplete value declaration and thereby the insurance cover of the commissioned logistics provider was wholly or partially forfeited according to its value conditions; this does not apply insofar as the provider contributed to the damage through its own fault.

(5) The provider is entitled to pass on the watch to specialized watchmakers, suppliers, spare parts providers, transport service providers, or other carefully selected vicarious agents for the purpose of carrying out the order.

(6) The risk of loss or damage to the watch is borne by the provider from the proven receipt of the watch by the provider. For return shipments to the customer, the transport risk remains with the provider until the actual delivery of the watch to the customer. Paragraph 4 sentence 2 — exemption from liability in case of the customer's breach of value conditions — remains unaffected.

(7) Customs, import, export or similar ancillary costs that are not due to circumstances for which the provider is responsible and that are not expressly included in the price shall be borne by the customer.

(8) If the processing takes place outside the customs territory of the European Union (especially in Japan), the repair service requires the export and re-import of the watch under the customs procedure of outward processing (Art. 259 et seq. Union Customs Code). In this case, by placing the order, the customer authorizes the provider to act as the customer's direct representative vis-à-vis the German and European customs authorities within the framework of this procedure, to submit the necessary export and import declarations in the customer's name and on the customer's account, and to provide all necessary declarations for this purpose. The customs duties incurred in connection with outward processing will be charged to the customer in accordance with para. 7. The customer remains the declarant or participant in the procedure within the framework of customs representation, insofar as this is provided for under customs law.

§ 7 Execution of Work, Vintage-Specific Risks and Old Parts

(1) The provider is obliged to professionally execute the expressly commissioned work, but not to restore the watch to a factory-new condition or to procure specific historical original parts, unless this has been expressly agreed upon in writing.

(2) With older, pre-damaged, corroded, already overhauled or material-fatigued vintage watches, risks can exist despite professional processing, in particular breakage of brittle parts, detachment of coatings, changes in patina, stress cracks, damage to seized screws or consequential damage during opening, disassembly, cleaning or reassembly.

(3) For damages within the meaning of paragraph 2, the provider is liable only if they are based on a culpable breach of duty by the provider or its vicarious agents. Unavoidable risks, which cannot be reliably excluded even with the due diligence customary in watchmaking, and which are based on the age, previous damage or condition of the watch, do not constitute a defect in the work performance.

(4) Spare parts are generally used only after prior approval by the customer. Spare parts up to a total value of EUR 35.00 gross per order are deemed approved upon placement of the order and will be itemized separately in the final invoice. If original parts are not available, the provider can suggest functionally suitable alternatives after separate consultation with the customer.

(5) Removed old parts will be returned to the customer upon request, if this is technically reasonable, legally permissible and possible with reasonable effort. Without differing instructions from the customer, the provider is entitled to dispose of replaced wear or defective parts after completion of the work.

§ 8 Processing Time, Deadlines and Delay

(1) Information on processing times, unless expressly confirmed in writing as a binding deadline, are non-binding prognoses. The estimated total processing time is regularly approximately 1 to 4 months from receipt of the watch by the provider and the availability of all necessary approvals.

(2) The actual processing time depends in particular on the condition and complexity of the watch, spare part availability, inquiries to the customer, transport routes, customs clearance, and the workload of the involved watchmakers.

(3) Delays due to force majeure, official measures, transport and customs disruptions, pandemic-related restrictions, strikes, supply bottlenecks or other circumstances for which the provider is not responsible shall extend the processing time appropriately.

(4) A claim for damages due to delay exists only in accordance with § 9.

§ 9 Liability

(1) The provider is liable without limitation for intent and gross negligence as well as for culpable injury to life, body or health.

(2) In the event of a slightly negligent breach of essential contractual obligations, the provider's liability is limited to the contract-typical, foreseeable damage. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose observance the customer can regularly rely.

(3) Otherwise, the provider's liability for slight negligence is excluded. Liability under the Product Liability Act remains unaffected.

(4) Insofar as the provider's liability is excluded or limited, this also applies in favor of its legal representatives, employees, vicarious agents and commissioned third-party companies.

(5) Liability for lost profits, ideal valuations, collector value developments or indirect consequential damages exists only insofar as this is mandatorily provided for by law or is based on intent or gross negligence.

§ 10 Warranty Rights and Water Resistance

(1) The statutory warranty rights apply to defects in the work performance. The statute of limitations is governed by the statutory provisions, in particular § 634a BGB.

(2) The customer is requested to promptly check the watch for obvious transport and execution defects upon return and to notify the provider of any complaints as early as possible in text form to enable quick clarification. The customer's statutory warranty rights remain fully and without any restriction unaffected by this request.

(3) Specifications regarding running values, power reserve, degree of originality, optical homogeneity, patina, luminous material, tightness or other properties only constitute a quality agreement or guarantee if they are expressly designated as such in writing.

(4) Water resistance in vintage watches and in older cases, crystals, crowns, pushers and seals can only be assessed to a limited extent and is not a permanently owed property. If technically possible, a leak test can be carried out after completion of the work; even in this case, no guarantee for permanent water resistance is assumed.

§ 11 Right of Withdrawal and Early Commencement of Performance

(1) Insofar as the customer has a statutory right of withdrawal in distance contracts or off-premises contracts, they will receive a separate cancellation policy together with a sample cancellation form.

(2) If the customer requests that the provider begin performance before the expiry of the withdrawal period, the customer must declare this expressly.

(3) If the customer revokes the contract after expressly requesting an early start of performance, the customer shall owe compensation for value for the services rendered until revocation, provided that the legal requirements are met.

(4) The right of withdrawal for services expires only when the provider has fully performed the service and the customer has expressly agreed before the start of the execution that the provider begins the execution before the expiry of the withdrawal period, and has confirmed their knowledge that they lose their right of withdrawal upon full fulfillment of the contract.

(5) The customer's right to freely terminate the contract for work according to § 648 BGB remains unaffected by the provisions on withdrawal.

§ 12 Storage, Return Shipment and Uncollected Watches

(1) Upon completion of the work, the provider will notify the customer. Return shipment or handover will take place after full payment has been received.

(2) If the customer requests a return shipment, it will generally be insured. The flat-rate costs for return shipment within Germany, unless otherwise agreed, are EUR 19.90 including packaging and transport insurance up to EUR 10,000.

(3) If the customer fails to collect the watch despite notification or defaults on acceptance, the provider may charge a reasonable storage fee of EUR 10.00 gross per commenced month from the 15th day after notification.

(4) If a return is not possible because the customer has not provided functional contact details, cannot be reached, or fails to collect the watch despite notification and setting of a deadline, the provider is entitled to the statutory contractor's lien under Section 647 BGB for his due remuneration claims. Realisation of the watch is only permissible in accordance with the mandatory provisions of Sections 1228 ff. BGB; in particular, it requires the provider to have previously set the customer a written deadline of at least one month for collection or payment and to have expressly informed them of the impending realisation. If the customer's whereabouts are unknown, the provider is entitled to deposit the watch at a public depositary office at the customer's expense or to realise it in accordance with the provisions on public auction, provided that the statutory requirements are met.

§13 Data Protection and Data Transfer

The provider processes the customer's personal data for the initiation, execution, and processing of the service order. To the extent necessary for contract fulfilment, the provider is entitled to transfer the customer's personal data, in particular name, contact details, order-related information on the watch sent in, as well as billing and shipping-relevant information, to third parties involved in the provision of services, in particular to specialised partner workshops, transport and logistics service providers, customs and shipping service providers, and other service providers used in the context of order processing.
If personal data is transferred to Japan in this context, this is done on the basis of the adequacy decision of the European Commission for Japan. Further information on data processing, data recipients, and customer rights can be found in the provider's privacy policy.

§ 14 Applicable Law, Consumer Protection and Dispute Resolution

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) This choice of law shall apply to consumers in the EEA only insofar as the protection of mandatory legal provisions of the state of the customer's usual residence is not thereby withdrawn.

(3) The place of performance for the services under this service contract is, as far as legally permissible, the provider's registered office.

(4) The provisions of the provider's general terms and conditions, in the version valid at the time of conclusion of the contract, shall apply additionally for jurisdiction and dispute resolution.

§ 15 Final Provisions

(1) Should any provision of these service terms be or become wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. The statutory regulation shall replace the ineffective provision.

(2) Changes or additions to these service terms shall only apply to future orders. The version incorporated at the time of conclusion of the contract shall be decisive in each case.