Conditions

General 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


Part 2 
General conditions of purchase


Part 3 
General terms and conditions commission contract  
  
Part 1

I. General terms and conditions

§ 1 Basic Provisions

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

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion 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 on behalf of a third party, i.e. for a third party as the owner of the goods. Regardless of this, we are contractual partners with all rights and obligations.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for 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 payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or forwarded 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, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order. 
By submitting the order via the corresponding button ("buy" or similar designation) you declare legally binding acceptance of the offer, 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 is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Special agreements on the payment methods offered

(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:


- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you have placed your 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 details 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 appears 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 from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.

(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, 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 this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of fulfillment for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or public law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. 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 the seller

Optionata GmbH
Kurfürstendamm 194
10707 Berlin
Germany
Telephone: 030-700 159 855
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 formation 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 provisions "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 electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.

4. Codes of Conduct

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

5. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

6. Prices and payment methods

6.1. The prices listed in the respective offers as well as 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 labeled 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. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment has been initiated outside the European Union.

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

7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 entrepreneur or a person otherwise appointed to carry out the shipment. 

8. Statutory warranty rights 

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

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security 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 if necessary, contradicts your own conditions used by you.

2. Subject matter / conclusion of contract

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 the creation of an offer for the purchase of the goods.
2.3. The buyer checks whether the goods are eligible for purchase as soon as the seller has completely submitted the necessary information about the goods, such as manufacturer, model, age and condition of use.
2.4. The buyer sends the seller a non-binding offer by email if a purchase of the goods is considered. The seller can then submit a binding offer to sell in text form (e.g. by email).
2.5. The seller initially receives an automatic e-mail about the receipt of his offer, which does not yet lead to the conclusion of a contract. The goods offered by the seller must be received by the buyer for inspection purposes within 30 days of the sale offer made by him. As soon as the goods have been received, the seller will receive a confirmation of receipt by email 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 sales contract is concluded for each individually accepted goods.

3. Rejection of the offer, examination of the 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 will not accept the offer and inform the seller of this by e -Mail.
3.2. The buyer will check the information provided by the seller. This includes to polish and open the goods and to carry 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 specified by the seller within Germany at the seller's request. The buyer bears the shipping costs. This does not apply if the seller has provided incorrect information about the goods or if there are justified doubts about the authenticity of the goods. The shipping costs are to be transferred to the account given by the buyer in the email before the goods are returned. The return takes place only 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 of the goods becoming the property of the buyer free of charge and the buyer giving the goods away, donating or disposing of them. For this purpose, the buyer submits an offer to the seller by email.

4. Ownership of the goods offered / release from liability

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 exempts the buyer from all claims by third parties that they assert due to the violation of their rights through the sale to the buyer. In addition to claims for damages, the exemption also includes the reimbursement of reasonable costs for legal defense. The exemption presupposes that a settlement or an acknowledgment of claims by third parties is only made with the prior written consent of the seller.

5. Warranty
The statutory warranty rights apply.

6. Prices and terms of payment

6.1. The purchase prices determined and quoted by the buyer represent total prices. They include all price components including all 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 labeled button on his website or in the respective offer.

7. Shipping terms

7.1. The buyer bears the shipping costs for shipping from the seller to the buyer, provided that the seller uses the shipping label provided by the buyer. If the seller does not use the shipping label provided by the buyer, the shipping costs are to be borne in full by the seller.
7.2. The transport hazard, i.e. The seller bears the risk of damage or loss of the goods 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 Point 3 .. The risk of the transport hazard is borne by the seller from the handover of the goods by the buyer to the carrier.

8. Limitation of Liability, Loss of Warranty

8.1. The buyer is liable for willful intent and gross negligence. Furthermore, the purchaser is liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the seller as a customer can regularly rely. 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 preceding sentences.
8.2. The above exclusions of liability do not apply to injury to life, limb and 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 organs of the buyer.
8.4. The seller's attention is drawn to the fact that a manufacturer's guarantee may exist for goods sent by him. The inspection carried out by the purchaser can lead to a loss of the guarantee according to the respective guarantee conditions of the manufacturer. The buyer is not liable for this.

9. Choice of law, alternative dispute resolution

9.1. German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
9.2. The place of performance is the registered office of the purchaser, provided that the seller is not a consumer but a merchant, legal entity under public law or public law special fund. The same applies if the seller does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual place of residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
9.3. The provisions of the UN sales law 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 is contradicted.


2. Subject matter of the contract

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


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 business as soon as the client has completely submitted the required information about the offered goods.


3.3. Optionata sends the client a non-binding offer with a preliminary market value estimate by e-mail if commission business comes into consideration. The client can then submit a binding offer in text form (e.g. by email).


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


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


3.6. The completion of the contract and the transmission of all information required in connection with it is partly automated by e-mail. The client must therefore ensure that the e-mail address given by him is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.


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

4.1. Optionata will check the information provided by the client. This includes to polish and open the consignment goods and to carry out suitable tests, for example water resistance tests and accuracy tests.


4.2. If the commissioned goods are not received by Optionata within 30 days of the offer to sell made by the client or if the commissioned goods do not correspond to the information provided by the client or if there are doubts about the authenticity of the commissioned goods, Optionata will not accept the offer and will inform the seller of this by e-mail. Mail.


4.3. After the goods have been checked, Optionata will again estimate the market value. If this estimated market value is below the minimum sale price determined by the client, Optionata will contact the client in order to reach an agreement on the minimum sale price.


4.4. If Optionata rejects the offer or no agreement can be reached on the minimum sales price, the commissioned goods will be sent back to the address specified by the customer within Germany at the request of the customer. Optionata bears the shipping costs. This does not apply if the client has provided incorrect information about the commissioned goods or if there are justified doubts about the authenticity of the commissioned goods. The shipping costs are to be transferred to the account specified by Optionata in the email before the commissioned goods are returned. The return will only be made after Optionata has received the shipping costs.


4.5. If the client does not wish to have the goods returned, Optionata offers the option of transferring the commission goods into the ownership of Optionata free of charge and Optionata giving away, donating or disposing of the commission goods. For this, Optionata will submit an offer to the client by email.


5. Preparation and repair of commissioned goods

5.1. At the request of the client, Optionata will process the commissioned goods after the commissioning contract has been concluded and, if necessary, carry out repairs or have them carried out in order to increase the sales opportunities and the achievable proceeds.


5.2. Optionata will send the client a binding offer for repair or preparation of the commissioned goods by email, which the client can accept within 5 days (unless a different period is specified in the respective offer).


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


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 commissioned goods in its own name 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 respective offer, the sales period is 90 days. The sales period begins on the day the sales offer for the commissioned goods is placed on www.optionata.com. The offer will be placed no later than 30 days after the commission contract has been concluded.


6.3. Optionata has to follow the instructions of the client and informs him immediately by e-mail as soon as the commissioned goods are irrevocably sold. In the case of the conclusion of a contract with a consumer, Optionata informs the client when the cancellation period expires, otherwise when the purchase contract is concluded.


6.4. If a consumer cancels the purchase of the commissioned goods, the commissioned goods can only be offered for sale again after they have been returned by the consumer.


6.5. Optionata is entitled to purchase the commissioned goods itself. The purchase price corresponds to the agreed minimum sales price. Optionata will immediately inform the client of the self-entry. The right to commission remains unaffected by self-entry.


6.6. Optionata take into account the minimum price agreed and set with the client for the commissioned goods when the contract was concluded. The minimum price is only fallen below 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. Section 392 (2) HGB finds no use.


7. Contract duration, termination

7.1. The contract ends when the commissioned goods are sold or when the sale period expires.


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


7.3. Without prejudice to the termination for an important reason, the client can terminate the commission contract until the commission goods are sold by notifying Optionata in writing (e.g. email). In this case, Optionata is entitled to the sales fee according to section 10.


7.4. Unless otherwise agreed between the parties, Optionata will send the commissioned goods back to the customer at the customer's expense to the address given by him after the commissioning contract has ended. The client is obliged to take back the commissioned goods after the commissioning contract has ended.


8. Safekeeping of commissioned 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 commission agent is obliged to adequately insure the commissioned goods.


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

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


9.2. The commissioned goods remain the exclusive property of the client until they are transferred within the scope 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 indemnifies Optionata from all claims by third parties that they assert due to the violation of their rights through the sales of the commissioned goods in accordance with the order.


9.4. The client 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 commissioned 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 have not been executed.


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


10.3. The sales price minus the commission will be paid to the client within ten working days after the irrevocable sale of the commissioned goods. In the case of the sale of commissioned goods to a consumer, the sale is considered irrevocable after the withdrawal period has expired.


10.4. Optionata is responsible for fulfilling the obligation of the buyer of the commissioned goods with which Optionata concludes the transaction for the account of the customer.


11. Shipping terms

11.1. Optionata bears the shipping costs for shipping from the client to Optionata, provided that the client 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 transport hazard, i.e. the customer bears 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 client, the shipping costs are borne in accordance with Point 4.4. The customer bears the risk of the transport hazard from the time the goods are handed over to the carrier by Optionata.


12. Liability

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


12.2. Optionata has unlimited liability for damage resulting from injury to life, limb or health. Optionata is also liable without limitation in all cases of willful intent and gross negligence, in the case of fraudulent concealment of a defect, in the event of a guarantee and in all other legally regulated cases.


12.3. If the essential contractual obligations are affected, the liability of Optionata in the case of slight negligence is limited to the foreseeable damage 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 contractual purpose, as well as obligations that the contract Optionata imposes according to its content in order to achieve the contractual purpose, the fulfillment of which make the proper execution of the contract possible in the first place the client can regularly rely on compliance.


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 client 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 in particular be: incorrect or incomplete information on commissioned goods, open and hidden material and legal defects regarding commissioned goods, missing warnings and ordered recalls. In this respect, the client indemnifies Optionata from all justified claims based on product defects, including claims for damages, penalties and interest, upon first request. The exemption also includes the reimbursement of reasonable costs for legal defense. The exemption presupposes that a comparison or an acknowledgment of third party claims can only be made with the prior written consent of the client. Optionata will inform the client immediately of any claims made and provide him with the relevant documents.


12.6. The client's attention is drawn to the fact that the manufacturer can provide a guarantee for the goods he has sent. The inspection carried out by Optionata can void the guarantee according to the respective guarantee conditions of the manufacturer. 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 client receives all contract data as part of the offer in text form, e.g. by email, 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 law expressly do not apply.


14.2. The place of performance for all services from the existing business relationships with Optionata and the place of jurisdiction is the seat of, if the client is a merchant, legal entity under public law or 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 place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.