AGB

Terms and Conditions and Customer Information 
These terms and conditions and customer information contain: 
  
Part 1 
General terms and conditions for the sale of the website www.optionata.com

Teil2 
General Conditions of Purchase

Teil3 
General terms and conditions commission contract  
  
Part 1

I. Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to the contracts, which you conclude with us as a supplier (Optionata GmbH) via the optionata.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

We sell the goods partially or exclusively as a commission agent in our own name for the account of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, we are contractual partners with all rights and obligations.

(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.

Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order. 
By sending the order via the corresponding button ("buy" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded. 

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:


- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order. 

Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna is available here (https://www.klarna.com/de/). Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy). 
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app here (https://www.klarna.com/de/klarna-app/).

§ 4 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:

- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.

(3) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.




II. Customer Information 

1. Identity of Seller

Optionata GmbH
Kurfurstendamm 194
10707 Berlin
Germany
Phone: 030-30640544
Email: info@optionata.com


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf) and https://www.ecommercetrustmark.eu/the-code-of-conduct/ (https://www.ecommercetrustmark.eu/the-code-of-conduct/)

5. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

6. Prices and terms of payment

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

6.3. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Terms of Delivery

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment. 

8. Statutory liability for defects 

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I). 

These General Terms and Conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 27.10.2020
  
  
  
PART 2 
General Conditions of Purchase 

1. Basic Provisions

The following terms and conditions apply to contracts for the purchase of watches that you (hereinafter referred to as "seller") conclude with us (Optionata GmbH, Kurfürstendamm 194, 10707 Berlin; hereinafter referred to as "buyer"), unless otherwise agreed, the inclusion you have contradicted any of your own terms and conditions that you may have used.

2.1. The subject of the contract is the purchase of watches (hereinafter also referred to as "goods") by the buyer within Germany.

2.2. The seller can contact the buyer via the website www.optionata.com, by telephone and via the e-mail address provided on the website and request an offer to purchase the goods.

2.3. The buyer will check whether the goods are suitable for purchase as soon as the seller has provided all the necessary information about the goods, such as manufacturer, model, age and condition.

2.4. The buyer sends the seller a non-binding offer by e-mail if a purchase of the goods is considered. The seller can then submit a binding sales offer in text form (e.g. by email).

2.5. The seller first receives an automatic e-mail about the receipt of his offer, which does not yet lead to the conclusion of the contract. The goods offered by the seller must be received by the buyer for inspection purposes within 30 days of the offer to sell made by the seller. As soon as the goods have been received, the seller will receive a confirmation of receipt by e-mail within 2 working days.

2.6. The buyer is entitled to accept the offer within 5 working days after receipt of the goods. The offer is accepted by email.

2.7. If the seller offers several goods for sale, a separate purchase contract is concluded for each individually accepted goods.

3.1. If the goods are not received by the buyer within 30 days of the seller's offer to sell, or if the goods do not correspond to the seller's information or if there are doubts about the authenticity of the goods, the buyer does not accept the offer and informs the seller of this by e-mail -Mail.

3.2. The buyer will check the information provided by the seller. This includes, among other things, polishing and opening the goods and carrying out suitable tests, e.g. water resistance test and accuracy test.

3.3. If the buyer rejects the offer, the goods will be sent back to the address within Germany specified by the seller at the seller's request. The buyer bears the shipping costs. This does not apply if the seller has given false information about the goods or there are reasonable doubts about the authenticity of the goods. The shipping costs must be transferred to the account specified by the buyer in the e-mail before the goods are returned. The return will only be made after the shipping costs have been received by the buyer.

3.4. If the seller does not want the goods to be returned, the buyer offers the option for the goods to become the property of the buyer free of charge and for the buyer to give away, donate or dispose of the goods. For this purpose, the buyer submits an offer to the seller by e-mail.

4.1. The seller assures that he is entitled to sell the goods he is offering and that these are free from third-party rights.

4.2. The seller indemnifies the buyer against all claims by third parties that are asserted due to the violation of their rights through the sale to the buyer. In addition to claims for damages, the exemption also includes reimbursement of reasonable costs for legal defense. The exemption presupposes that a settlement or an acknowledgment of claims by third parties only takes place with the prior written consent of the seller.

6.1. The purchase prices determined and quoted by the buyer represent total prices. They include all price components including all applicable taxes and shipping materials.

6.2. If a contract is concluded between the seller and the buyer, the purchase price will be paid out within 5 working days to the bank account specified by the seller.

6.3. The payment methods accepted by the buyer are shown under a correspondingly designated button on their website or in the respective offer.

7.1. Buyer is responsible for shipping costs for shipping from Seller to Buyer using the shipping label provided by Buyer. If the seller does not use the shipping label provided by the buyer, the shipping costs are to be borne entirely by the seller.

7.2. The risk of transport, i.e. the risk of damage or loss of the goods, is borne by the seller until the goods are handed over to the buyer by the transport company.

7.3. If the goods are returned to the seller, the shipping costs are borne in accordance with Section 3. The risk of transport risk is borne by the seller from the time the goods are handed over by the buyer to the carrier.

8.1. The buyer is liable for intent and gross negligence. Furthermore, the buyer is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the seller as a customer can regularly rely on. In the latter case, however, the buyer is only liable for the foreseeable, contract-typical damage. The buyer is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.

8.2. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

8.3. The above limitation of liability also applies to the personal liability of employees, representatives and bodies of the purchaser.

8.4. The seller is advised that the goods sent by him may be covered by a manufacturer's guarantee. According to the manufacturer's guarantee conditions, the test carried out by the buyer can result in a loss of guarantee. The buyer is not liable for this.

9.1. German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

9.2. The place of performance is the buyer's registered office, insofar as the seller is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the seller does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

9.3. The provisions of the UN Sales Convention expressly do not apply.

  
PART 3 
General terms and conditions commission contract

General terms and conditions commission contract

1. Basic Provisions

1.1. The following terms and conditions apply to the commission contract that you (hereinafter referred to as "client") with us, the Optionata GmbH, (Kurfürstendamm 194, 10707 Berlin, hereinafter referred to as "Optionata").

1.2.    So far Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

2. Subject of the contract

2.1. Optionata will offer and sell the goods specified in Appendix 1 (hereinafter referred to as “commission goods”) on the optionata.com website for a fee in its own name and for its own account.

2.2. The essential features of our service can be found in the respective offer.

 

3. Conclusion of the contract

3.1. The client can contact Optionata via the website www.optionata.com, by telephone and via the e-mail address provided on the website and request the preparation of an offer for a commission contract.

3.2. Optionata checks whether the offered goods are suitable for a commission transaction as soon as the customer has submitted all the necessary information about the offered goods.

3.3. Optionata sends the customer a non-binding offer with a preliminary market value estimate by email if a commission transaction is possible. The client can then submit a binding offer in text form (e.g. by email).

3.4. The customer first receives an automatic e-mail about the receipt of his offer, which does not yet lead to the conclusion of the contract. The consignment goods must be received by Optionata within a period of 30 days after the sales offer submitted by the customer for examination purposes. As soon as the consignment goods have been received, the customer will receive a confirmation of receipt by e-mail within 2 working days.

3.5. Optionata is entitled to accept the offer within 5 working days after receipt of the goods. The offer is accepted by email.

3.6. The processing of the conclusion of the contract and the transmission of all information required in connection with this is carried out by e-mail, in some cases automatically. The customer must therefore ensure that the e-mail address provided by him is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

4. Examination of the consignment goods, rejection of the offer

4.1. Optionata will check the information provided by the client. This includes, among other things, polishing and opening the commissioned goods and carrying out suitable tests, e.g. water resistance test and accuracy test.

4.2. If the goods on consignment are not received by Optionata within 30 days after the sales offer submitted by the customer or the goods on consignment do not correspond to the information provided by the customer or there are doubts as to the authenticity of the goods on consignment, Optionata does not accept the offer and informs the seller of this by e-mail. Mail.

4.3. After the goods have been checked, Optionata will carry out a new market value estimate. If this estimated market value is below the minimum sales price determined by the customer, Optionata will contact the customer in order to reach an agreement on the minimum sales price.

4.4. If Optionata rejects the offer or no agreement can be reached on the minimum sales price, the goods on consignment will be sent back to the address within Germany specified by the customer at the request of the customer. Optionata pays the shipping costs. This does not apply if the customer has given false information about the consignment goods or there are justified doubts as to the authenticity of the consignment goods. The shipping costs are to be transferred to the account specified by Optionata in the e-mail before the goods on consignment are returned. The return will only be made after the shipping costs have been received by Optionata.

4.5. If the customer does not want the goods to be returned, Optionata offers the possibility that the goods on consignment become the property of Optionata free of charge and that Optionata gives away, donates or disposes of the goods on consignment. For this purpose, Optionata submits an offer to the customer by e-mail.

5. Preparation and repair of the goods on commission

5.1. At the request of the customer, Optionata will prepare the consignment goods after the consignment contract has been concluded and, if necessary, carry out repairs or have them carried out in order to increase the chances of sale and the achievable proceeds.

5.2. Optionata will send the customer a binding offer for the repair or processing of the commissioned goods by e-mail, which the customer can accept within 5 days (unless a different period is stated in the respective offer).

5.3. The costs of processing or repairs are offset against the sales proceeds. If the consignment goods are not sold, Optionata will invoice the customer for the costs of processing or repairs.

6. Execution of the commission, self-entry

6.1. Optionata presents the consignment goods www.optionata.com and offers them for sale. Optionata carries out the sale of the consignment goods in its own name and for the account of the client. Optionata will conduct the business with the diligence of a prudent businessman.

6.2. Unless otherwise stated in the relevant offer, the sale period is 90 days. The sales period begins on the day the sales offer for the consignment goods is posted on www.optionata.com. The offer will be placed no later than 30 days after the conclusion of the commission contract.

6.3. Optionata must follow the customer's instructions and will inform him immediately by e-mail as soon as the consignment goods have been irrevocably sold. In the case of the conclusion of a contract with a consumer, Optionata will inform the customer at the end of the cancellation period, otherwise upon conclusion of the purchase contract.

6.4. If a consumer revokes the purchase of the consignment goods, the consignment goods can only be offered for sale again after the consumer has sent them back.

6.5. Optionata is entitled to purchase the consignment goods itself. The purchase price corresponds to the agreed minimum sales price. Optionata will immediately inform the customer about the self-admission. The right to commission remains unaffected by self-admission.

6.6. Optionata observe the minimum price agreed upon and fixed with the client regarding the consignment goods upon conclusion of the contract. The price falls below the minimum price only after prior consultation with the client.

6.7. Optionata is only entitled to sell the watch at a lower sales price without consulting the customer if Optionata waives its sales fee in the amount of the difference between the sales price achieved and the minimum sales price and the sales price achieved and the sales fee are at least equal to the minimum sales price.

6.8.    § 392 Abs. 2 HGB finds no use.

7. Term, Termination

7.1. The contract ends with the sale of the consignment goods or with the end of the sales period.

7.2. Each party can terminate the commission contract for good cause. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination.

7.3. Irrespective of the termination for good cause, the client can terminate the commission contract by notifying Optionata in text form (e.g. email) until the goods on commission have been sold. In this case, Optionata is entitled to the sales fee according to Section 10.

7.4. Unless otherwise agreed between the parties, Optionata will return the goods on consignment to the address specified by the customer at the customer's expense after the end of the consignment contract. The customer is obliged to take back the goods on commission after the end of the commission contract.

8. Safekeeping of the consignment goods

8.1. The commission agent is obliged to store the commissioned goods carefully and separately from other goods and to protect them from damage and loss.

8.2. The agent is obliged to insure the commissioned goods adequately.

9. Ownership and authenticity of the consignment goods, freedom of movement

9.1. With the conclusion of the contract, the client assures that he is the unrestricted owner of the commissioned goods.

9.2. The consignment goods remain the exclusive property of the customer until they are transferred as part of the contractual sale by Optionata.

9.3. With the conclusion of the contract, the client further assures that his commissioned goods are authentic, of legal origin and free of third-party rights. He releases Optionata from all third-party claims that they assert due to the infringement of their rights through the order-based sale of the goods on commission.

9.4. The customer is solely responsible for the unrestricted marketability of the commissioned goods.

10. Sales Commission

10.1. Optionata receives a commission for the sale of the consignment goods, calculated on the basis of the respective net sales price. The specific amount of the commission results from the respective offer. There is no entitlement to commission for transactions that are not executed.

10.2. The commission covers all of Optionata's costs and expenses.

10.3. The sales price minus the commission will be paid to the customer within ten working days after the irrevocable sale of the goods on commission. If the goods on commission are sold to a consumer, the sale is considered irrevocable once the cancellation period has expired.

10.4. Optionata is responsible for fulfilling the obligation of the buyer of the goods on consignment, with whom Optionata concludes the transaction for the account of the customer.

11. Shipping Terms

11.1. Optionata bears the shipping costs for shipping from the customer to Optionata, provided that the customer uses the shipping label provided by Optionata. If the client does not use the shipping label provided, the shipping costs are to be borne in full by the client.

11.2. The customer bears the transport risk, i.e. the risk of damage or loss of the goods, until the goods are handed over to Optionata by the transport company.

11.3. If the goods are returned to the customer, the shipping costs are borne in accordance with Section 4.4. The customer bears the risk of transport risk from the time Optionata hands over the goods to the carrier.

12. Liability

12.1. Unless otherwise stated in this contract, including the following provisions, the parties are mutually liable for exercising the due diligence of a prudent businessman.

12.2. Optionata is liable without restriction for damage resulting from injury to life, limb or health. Furthermore, Optionata is liable without restriction in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of a guarantee and in all other legally regulated cases.

12.3. If the essential contractual obligations are affected, Optionata's liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on Optionata according to its content in order to achieve the purpose of the contract, the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which the client may regularly rely.

12.4. In the event of a breach of insignificant contractual obligations, Optionata's liability for slightly negligent breaches of duty is excluded.

12.5. The customer is liable to Optionata in particular for breaches of duty insofar as these lead to claims by the buyer against Optionata (“product defects”). Product defects can be in particular: incorrect or incomplete information on consignment goods, open and hidden material and legal defects regarding consignment goods, missing warnings and ordered recalls. In this respect, the customer indemnifies Optionata from all justified claims based on product defects, including claims for damages, penalties and interest, upon first request. The exemption also includes reimbursement of reasonable costs for legal defense. The exemption presupposes that a settlement or an acknowledgment of third-party claims only takes place with the prior written consent of the client. Optionata informs the customer immediately about any claims asserted and provides him with the documents available for this purpose.

12.6. The customer is advised that the goods sent by him may be subject to a manufacturer's guarantee. According to the manufacturer's warranty conditions, the test carried out by Optionata can result in a loss of warranty. Optionata is not liable for this.

13. Contract language, contract text storage

13.1. Contract language is German.

13.2. Optionata does not save the full text of the contract. The customer receives all contract data as part of the offer in text form, e.g. by e-mail, which he can print out or save electronically.

14. Choice of law, place of performance, place of jurisdiction

14.1. German law applies. The provisions of the UN Sales Convention expressly do not apply.

14.2. The place of performance for all services arising from the business relationship with Optionata and the place of jurisdiction is the registered office of, insofar as the client is a merchant, a legal entity under public law or a special fund under public law. The same applies if the client does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.