Terms and Conditions
1. Scope
These terms apply to all contracts concluded between Otau, Maxim Buz, Marburger Straße 284, 35396 Gießen, Germany (hereafter "we" or "Otau") and a customer through this website. They apply to consumers and to businesses. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).
2. Products
We sell vintage, hand-knotted village and nomadic rugs. Every piece is used and unique. Age, wear, colour variation (abrash), small repairs, irregular shapes and traces of use are part of the character of these rugs and do not constitute defects. We describe the condition of each piece, including any damage or repair we are aware of, in the product listing. Dimensions are measured by hand and can differ by a few centimetres. Colours can appear different on screens.
3. Conclusion of contract
The presentation of products on this website is not a binding offer. It is an invitation to you to place an order. By clicking the order button at the end of the checkout you make a binding offer to purchase the items in your cart. We confirm receipt of your order by email immediately. This confirmation is not yet an acceptance. The contract is concluded when we accept your order by sending an order confirmation or by shipping the goods, whichever comes first, and at the latest within five days of your order. Since every rug exists only once, we can only accept the first order received for a piece.
4. Prices
All prices are final prices in euros. Our rugs are second-hand goods that we sell under the margin scheme (Differenzbesteuerung, § 25a UStG). Value added tax is therefore not shown separately on the invoice and cannot be reclaimed as input tax. Shipping costs are stated in the shipping section and at checkout. For deliveries outside the European Union, customs duties and import taxes may apply. These are charged by the authorities of the destination country and are borne by the customer.
5. Payment
The payment methods available are shown at checkout. Payment is due when the order is placed unless another method with a later due date is selected. We ship after payment has been received.
6. Shipping and delivery
We ship from Germany. Shipping within the European Union is free of charge. Shipping to other countries is possible on request. Delivery times are stated in the shipping section. If a piece is unavailable after your order, for example because it was damaged or sold in our showroom at the same time, we will inform you immediately and refund any payment without delay.
7. Retention of title
The goods remain our property until the purchase price has been paid in full.
8. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. The details are set out in the withdrawal notice below.
Withdrawal notice
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods. To exercise the right of withdrawal, you must inform us (Otau, Maxim Buz, Marburger Straße 284, 35396 Gießen, Germany, email hello@maxim-buz.dev, phone +49 157 76427699) of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send your communication before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw. We will carry out the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earlier. You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Otau, Maxim Buz, Marburger Straße 284, 35396 Gießen, Germany, hello@maxim-buz.dev
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*): ______
Ordered on (*) / received on (*): ______
Name of consumer(s): ______
Address of consumer(s): ______
Signature of consumer(s) (only if this form is notified on paper): ______
Date: ______
(*) Delete as appropriate.
9. Warranty
The statutory warranty rights apply. For consumers, the limitation period for claims arising from defects in used goods is one year from delivery (§ 476 (2) BGB). This shortening does not apply to claims for damages caused by injury to life, body or health, to claims based on gross negligence or intent, or where we have fraudulently concealed a defect. For businesses, the limitation period for used goods is one year from delivery. Characteristics described in section 2 as part of the nature of vintage rugs are not defects.
10. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence we are only liable for the breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the foreseeable damage typical for this type of contract.
11. Dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
12. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected. The contract language is English. If a provision of these terms is or becomes invalid, the remaining provisions remain in force.