Terms and Conditions
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 conditions you may use yourself is hereby objected to.
(2) Consumer within the meaning of the following provisions is any natural person who concludes 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 when concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) Already by listing 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 calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data will be displayed 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 initially redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding 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 information again here, change it (also via the "back" function of the internet browser), or cancel the purchase.
By submitting the order via the "buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. Therefore, you must 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, that it is not prevented 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 e-mail no later than immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit 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 check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership of the reserved goods is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims arising from the resale in the amount of the invoice amount to us; 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 to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory defect liability rights 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 complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following deviates from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are considered agreed as the condition of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion by repair or replacement. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs caused by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages caused by us that are attributable to culpable violations of life, body, or health, and for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their usual purpose for a building and have caused its defects;
- 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 state of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Sales Law do not apply explicitly.
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 to conclude 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. Language of the contract, storage of the 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 out 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 will be sent to you again by e-mail.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG and consequently to the Ecommerce Europe Trustmark Code of Conduct, viewable 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 submitted to the code of honor of the McAfee Secure portal, viewable at: https://www.mcafeesecure.com/trustedsite .
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 modalities
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 incurred 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 is promised.
6.3. If the delivery takes place in countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must 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 stated for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and 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 shipping 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 not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch are at your own risk.
8. Statutory Liability for Defects
The liability for defects is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).
These GTC and customer information were created by the IT law specialized lawyers of the 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. Further information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last update: 21.03.2025
