Current as of: 18 November 2019
OTTO provides the RETAILER with login data for an OPC account; if applicable, such data is provided for multiple users on the RETAILER’s side. The decision to grant access to OPC lies within OTTO’s sole discretion. The RETAILER will safekeep the login data provided and protect it against unauthorized third-party use.
As a rule, OPC may be used free of charge. The use of the Marketplace is subject to compensation as set forth in the Marketplace Terms. Other services rendered by OPC, if any, may carry separate fees, which OTTO will note as needed.
2.3.1 The RETAILER warrants that it will not have any contents uploaded, provided or otherwise processed on or via OPC that may adversely affect OPC, the Marketplace or other OTTO services, including but not limited to unlawful content and malware.
2.3.2 The RETAILER warrants that it will provide complete and truthful answers as well as such other information as OTTO or third parties may demand as part of OPC.
OTTO may ask the RETAILER for feedback on OPC and other services offered via OPC. The use of any feedback provided by the RETAILER lies within OTTO’s sole discretion. If and to the extent that the RETAILER’s feedback encompasses copyrightable content, the RETAILER grants OTTO a basic, irrevocable and unlimited right to the use thereof in perpetuity and free of charge.
OTTO will endeavor to make OPC available 24/7. However, the availability of OPC may be restricted as a result of maintenance work or other downtime.
OTTO bears unlimited liability in cases of willful misconduct and gross negligence, for injuries to life, body or health, as mandated by the provisions Product Liability Act (Produkthaftungsgesetz - ProdHaftG) and under a warranty. OTTO is not liable for slightly negligent breaches of duties other than essential (i.e., cardinal) contractual obligations. A cardinal obligation has been violated in cases of breaches of contractual duties the fulfillment of which (i) is essential to the implementation of the agreement and (ii) the RETAILER may regularly rely upon. In such a case, however, liability is capped at the amount of foreseeable damages typically associated with the underlying agreement. Subject to item 3.1 sentence 1, OTTO does not bear liability for lost profit or lost savings, indirect or consequential damages. Subject to item 3.1 sentence 1, OTTO’s liability for loss of data is limited to such ordinary expenditures related to recovery as may be incurred if the RETAILER had regularly made back-up copies to an adequate extent. For purposes hereof, “adequate” refers to separate once-daily back-up operations by the RETAILER. Excluding liability pursuant to item 3.1 sentence 1, the foregoing limitations of liability apply to all claims for damages – irrespective of legal grounds and including those stemming from tort. The above limitations of liability further apply in cases of claims for damages asserted against OTTO’s staff, representatives or governing bodies.
This agreement is subject exclusively to the law of the Federal Republic of Germany to the exclusion of CISG and international private law. The exclusive legal venue is the court with jurisdiction over OTTO’s registered offices.