AGB
General Terms and Conditions and Customer Information
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 (Otanto, Arac & Ilica GbR) via the website www.otanto.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. 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 of the contract is the sale of goods.
(2) By posting the respective product on our website, we make you a binding offer to conclude a contract 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" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data is displayed once again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the redirection to the respective Sofortzahl system occurs, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all the information here again, make changes (also using the "back" function of the internet browser), or cancel the purchase.
By submitting the order via the "buy" button, you legally accept the offer, thereby concluding the contract.
(4) Your requests for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured, and in particular, that it is not blocked by spam filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email no later than immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You commit not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of the necessary legal representation in this context.
(3) We do not conduct any verification of the transmitted data for content accuracy and therefore assume no liability for errors.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full purchase price has been paid.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale amounting to the invoice amount, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We commit to releasing the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory warranty rights for defects apply.
(2) 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 will have no impact on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following warranty provisions shall apply instead of the above warranty regulations:
a) Only our own specifications and the product description of the manufacturer are considered agreed upon as the condition of the item; other advertising, public endorsements, and statements by the manufacturer are not considered agreed upon.
b) In case of defects, we shall provide warranty at our discretion by means of repair or replacement delivery. If the defect remediation fails, you may demand a reduction or withdraw from the contract at your discretion. The defect remediation is considered failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of repair, we are not obliged to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- damages for which we are liable due to culpable injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in cases where items have been used for a building according to their usual intended purpose and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's country of habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
Otanto
Arac & Ilica GbR
Dr.-Hans-Wolf-Platz 1
67069 Ludwigshafen
Germany
E-Mail: info@otanto.de
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 leading to 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" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
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 out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer's seal quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf (https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf) and https://www.ecommercetrustmark.eu/the-code-of-conduct/ (https://www.ecommercetrustmark.eu/the-code-of-conduct/)
4.2. We have committed ourselves to the code of honor of the McAfee Secure portal, which can be viewed at: https://www.mcafeesecure.com/trustedsite .
5. Essential characteristics of the goods or service
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 represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable 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 indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. 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 where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date, as well as any existing 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 designated to carry out the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory Warranty Law
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last updated: 21.03.2025
