Terms and Conditions

General Terms and Conditions and Customer Information
These general terms and conditions and customer information include:

Part 1
General Terms and Conditions for the Sale on the Website www.optionata.com

Part 2
General Purchase Conditions

Part 3
General Terms and Conditions for Consignment 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 the provider (Optionata GmbH) via the website optionata.com. Unless otherwise agreed, the inclusion of any conditions you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

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

We sell the goods partly 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, the contracting party with all rights and obligations is us.

(2) By listing the respective product 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 product 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 access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes.
After calling up the "checkout" page and entering personal data as well as payment and shipping conditions, the order data is finally 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 directed to the order overview page in our online shop or forwarded to the website of the instant payment system provider.
If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
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 transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular 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:


- Instant transfer: Available in Germany and Austria. Your account will be charged 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 data will be processed by Klarna in accordance with applicable data protection regulations and according to Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
More information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna app is available here (https://www.klarna.com/de/klarna-app/).

§ 4 Right of Retention, Retention of Title

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

(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory warranty rights apply.

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

- to damages caused by us culpably due to injury to life, body, or health and in cases of intentional or grossly negligent other damages;
- 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 requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

(2) Place of performance for all services from the business relationship with us and jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time of filing the lawsuit. The right to also bring an action at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention are expressly excluded.




II. Customer Information

1. Identity of the Seller

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


Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the conclusion of the contract itself, and correction options are carried out according to the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions are sent to you again by e-mail.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, viewable 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 Services

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

6. Prices and Payment Terms

6.1. The prices listed in the respective offers as well as the shipping costs are 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 accessed via a correspondingly labeled button on our website or in the respective offer, are separately shown during the ordering process, and must be borne by you in addition, unless free shipping is promised.

6.3. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.

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

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

7. Delivery Conditions

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

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person not named by the entrepreneur for the execution of the shipment.

8. Statutory Warranty Rights

The warranty is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These GTC and customer information were created by the IT law specialized lawyers of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: 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 Purchase Conditions

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 of any conditions you may use is hereby rejected.

2.1. The subject matter 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 to purchase the goods.

2.3. The Buyer then checks whether the goods are suitable for purchase as soon as the Seller has fully provided the required 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 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 e-mail).

2.5. The Seller initially receives an automatic e-mail confirming receipt of their 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 examination purposes within 30 days after the sales offer submitted by the Seller. Once the goods have arrived, the Seller will receive 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. Acceptance of the offer is made by e-mail.

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

3.1. If the goods are not received by the Buyer within 30 days after the sales offer submitted by the Seller, 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 will inform the Seller by e-mail.

3.2. The Buyer will examine the Seller's information. This includes, among other things, polishing and opening the goods as well as conducting appropriate tests such as water resistance and accuracy tests.

3.3. If the Buyer rejects the offer, the goods will be returned to the address provided by the Seller within Germany at the Seller's request. The shipping costs will be borne by the Buyer. This does not apply if the Seller has provided false information about the goods or if there are justified 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 shipment will only take place after the shipping costs have been received by the Buyer.

3.4. If the Seller does not wish a return shipment, the Buyer offers the possibility that the goods pass into the Buyer's ownership free of charge and the Buyer donates, gifts, or disposes of the goods. The Buyer will make an offer to the Seller by e-mail for this purpose.

4.1. The Seller assures that they are entitled to sell the goods offered and that these are free of third-party rights.

4.2. The Seller indemnifies the Buyer from all claims of third parties that arise due to the violation of their rights by the sale to the Buyer. The indemnification includes, in addition to claims for damages, also the reimbursement of reasonable costs for legal defense. The indemnification requires that a settlement or acknowledgment of third-party claims only occurs with the prior written consent of the Seller.

6.1. The purchase prices determined and stated by the Buyer are 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 within 5 working days to the bank account specified by the Seller.

6.3. The payment methods accepted by the Buyer are listed under a correspondingly labeled button on its website or in the respective offer.

7.1. The Buyer bears the shipping costs for shipping from the Seller to the Buyer, provided 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 must 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 by the transport company to the Buyer.

7.3. If the goods are returned to the Seller, the shipping costs are borne according to clause 3. The risk of transport 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 negligent breach of duties whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the contract's purpose, and on whose compliance the Seller as a customer regularly relies. In the latter case, however, the Buyer is only liable for the foreseeable, typical contractual damage. The Buyer is not liable for slight negligence of other duties than those mentioned above.

8.2. The above exclusions of liability do not apply to injury to life, body, 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 is advised that a manufacturer's warranty may exist for the goods sent by them. The examination carried out by the Buyer may lead to loss of the warranty according to the respective manufacturer's warranty conditions. The Buyer is not liable for this.

9.1. German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).

9.2. Place of performance is the Buyer's registered office, provided the Seller is not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if the Seller has no general place of jurisdiction in Germany or the EU or if the residence or habitual abode is unknown at the time of filing the lawsuit. The right to also bring an action at another statutory place of jurisdiction remains unaffected.

9.3. The provisions of the UN Sales Convention are expressly excluded.

PART 3
General Terms and Conditions for Consignment Contract

General Terms and Conditions for Consignment Contract

1. Basic Provisions

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

1.2. Unless otherwise agreed, the inclusion of any conditions you may use is hereby rejected.

2. Subject Matter of the Contract

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

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

3. Conclusion of the Contract

3.1. The Principal can contact Optionata 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 a consignment contract.

3.2. Optionata then checks whether the offered goods are suitable for a consignment business as soon as the Principal has fully provided the required information about the offered goods.

3.3. Optionata sends the Principal a non-binding offer with a preliminary market value estimate by e-mail if a consignment business is considered. The Principal can then submit a binding offer in text form (e.g., by e-mail).

3.4. The Principal initially receives an automatic e-mail confirming receipt of their offer, which does not yet lead to the conclusion of a contract. The consignment goods must be received by Optionata for examination purposes within 30 days after the sales offer submitted by the Principal. Once the consignment goods have arrived, the Principal will receive 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. Acceptance of the offer is made by e-mail.

3.6. The processing of the contract conclusion and transmission of all information required in connection therewith is carried out partly automatically by e-mail. The Principal must therefore ensure that the e-mail address provided by them is correct, that the receipt of e-mails is technically ensured, and in particular not prevented by spam filters.

4. Examination of the Consignment Goods, Rejection of the Offer

4.1. Optionata will examine the Principal's information. This includes, among other things, polishing and opening the consignment goods as well as conducting appropriate tests such as water resistance and accuracy tests.

4.2. If the consignment goods are not received by Optionata within 30 days after the sales offer submitted by the Principal, or if the consignment goods do not correspond to the Principal's information, or if there are doubts about the authenticity of the consignment goods, Optionata will not accept the offer and will inform the Seller by e-mail.

4.3. After examining the goods, Optionata will make a new market value estimate. If this estimated market value is below the minimum sales price determined by the Principal, Optionata will contact the Principal to reach an agreement on the minimum sales price.

4.4. If Optionata rejects the offer or no agreement on the minimum sales price is reached, the consignment goods will be returned to the address provided by the Principal within Germany at the Principal's request. The shipping costs will be borne by Optionata. This does not apply if the Principal has provided false information about the consignment goods or if there are justified doubts about the authenticity of the consignment goods. The shipping costs must be transferred to the account specified by Optionata in the e-mail before the consignment goods are returned. The return shipment will only take place after the shipping costs have been received by Optionata.

4.5. If the Principal does not wish a return shipment, Optionata offers the possibility that the consignment goods pass into Optionata's ownership free of charge and Optionata donates, gifts, or disposes of the consignment goods. Optionata will make an offer to the Principal by e-mail for this purpose.

5. Preparation and Repair of the Consignment Goods

5.1. At the Principal's request, Optionata will prepare the consignment goods after conclusion of the consignment contract and, if necessary, carry out or have repairs carried out to increase the sales chances and achievable proceeds.

5.2. Optionata will submit a binding offer for the repair or preparation of the consignment goods by e-mail, which the Principal can accept within 5 days (unless another period is specified in the respective offer).

5.3. The costs of preparation or repair will be offset against the achieved sales proceeds. If the consignment goods are not sold, Optionata will invoice the Principal for the costs of preparation or repair.

6. Execution of the Consignment, Self-Entry

6.1. Optionata presents the consignment goods on www.optionata.com and offers them for sale. Optionata carries out the sale of the consignment goods in its own name on behalf of the Principal. Optionata will execute the transaction with the care 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 consignment goods is posted on www.optionata.com. The posting of the offer takes place no later than 30 days after conclusion of the consignment contract.

6.3. Optionata must follow the instructions of the Principal and immediately informs them by e-mail as soon as the consignment goods are irrevocably sold. In the case of a contract with a consumer, Optionata informs the Principal after the expiry of the withdrawal 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 returned them.

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

6.6. Optionata observes the minimum price agreed with the Principal regarding the consignment goods at the time of contract conclusion. A reduction below the minimum price only occurs after prior consultation with the Principal.

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 achieved sales price and the minimum sales price and the achieved sales price and sales fee correspond at least to the minimum sales price.

6.8. § 392 para. 2 HGB does not apply.

7. Contract Duration, Termination

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

7.2. Each party may terminate the consignment contract for good cause. Good cause exists if, taking into account all circumstances of the individual case and weighing the mutual interests, continuation of the contractual relationship until the agreed termination is unreasonable for the terminating party.

7.3. Without prejudice to termination for good cause, the Principal may terminate the consignment contract until the sale of the consignment goods by notifying Optionata in text form (e.g., e-mail). In this case, Optionata is entitled to the sales fee according to clause 10.

7.4. Unless otherwise agreed between the parties, Optionata sends the consignment goods back to the Principal at their expense after termination of the consignment contract to the address provided by them. The Principal is obliged to accept the consignment goods after termination of the consignment contract.

8. Custody of the Consignment Goods

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

8.2. The commission agent is obliged to insure the consignment goods adequately.

9. Ownership and Authenticity of the Consignment Goods, Marketability

9.1. The Principal assures upon conclusion of the contract that they are the unrestricted owner of the consignment goods.

9.2. The consignment goods remain the exclusive property of the Principal until transfer within the framework of the contractual sale by Optionata.

9.3. The Principal further assures upon conclusion of the contract that their consignment goods are authentic, of legal origin, and free of third-party rights. They indemnify Optionata from all claims of third parties arising from the violation of their rights by the contractual sale of the consignment goods.

9.4. The Principal is solely responsible for the unrestricted marketability of the consignment goods.

10. Sales Commission

10.1. Optionata receives a commission for the successful sale of the consignment goods calculated based on the respective net sales price. The exact amount of the commission is specified in the respective offer. There is no claim to commission for transactions not executed.

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

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

10.4. Optionata guarantees the fulfillment of the obligation of the buyer of the consignment goods with whom Optionata concludes the transaction on behalf of the Principal.

11. Shipping Conditions

11.1. Optionata bears the shipping costs for shipping from the Principal to Optionata, provided the Principal uses the shipping label provided by Optionata. If the Principal does not use the provided shipping label, the shipping costs must be borne entirely by the Principal.

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

11.3. If the goods are returned to the Principal, the shipping costs are borne according to clause 4.4. The risk of transport is borne by the Principal from the time the goods are handed over by Optionata to the carrier.

12. Liability

12.1. Unless otherwise provided in this contract including the following provisions, the parties are liable to each other for compliance with the care of a prudent businessman.

12.2. Optionata is fully liable for damages resulting from injury to life, body, or health. Furthermore, Optionata is fully liable in all cases of intent and gross negligence, fraudulent concealment of defects, assumption of a guarantee, and all other legally regulated cases.

12.3. If essential contractual obligations are affected, Optionata's liability for slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are duties arising from the nature of the contract whose breach would endanger the achievement of the contract's purpose and duties that the contract imposes on Optionata to achieve the contract's purpose, whose fulfillment makes proper execution of the contract possible and on whose compliance the Principal regularly relies.

12.4. In case of breach of non-essential contractual obligations, Optionata's liability for slight negligence is excluded.

12.5. The Principal is liable to Optionata especially for breaches of duty insofar as these lead to claims of the buyer against Optionata ("product defects"). Product defects may include incorrect or incomplete information about the consignment goods, open and hidden material and legal defects concerning the consignment goods, missing warnings, and ordered recalls. The Principal indemnifies Optionata from all justified claims due to product defects, including claims for damages, penalties, and interest, upon first request. The indemnification also includes reimbursement of reasonable costs for legal defense. The indemnification requires that a settlement or acknowledgment of third-party claims only occurs with the prior written consent of the Principal. Optionata informs the Principal immediately about asserted claims and provides the available documents.

12.6. The Principal is advised that a manufacturer's warranty may exist for the goods sent by them. The examination carried out by Optionata may lead to loss of the warranty according to the respective manufacturer's warranty conditions. Optionata is not liable for this.

13. Contract Language, Storage of Contract Text

13.1. The contract language is German.

13.2. The complete contract text is not stored by Optionata. The Principal receives all contract data in text form within the offer, e.g., by e-mail, which they can print or electronically save.

14. Choice of Law, Place of Performance, Jurisdiction

14.1. German law applies. The provisions of the UN Sales Convention are expressly excluded.

14.2. Place of performance for all services from the business relationship with Optionata and jurisdiction is the registered office of Optionata, provided the Principal is a merchant, legal entity under public law, or special fund under public law. The same applies if the Principal has no general place of jurisdiction in Germany or the EU or if the residence or habitual abode is unknown at the time of filing the lawsuit. The right to also bring an action at another statutory place of jurisdiction remains unaffected.