1. Scope
These General Terms and Conditions apply for all contracts that customers conclude with us, OSKA Shop Hamburg.
2. Delivery / Prices / Shipping Costs
We ship to the following countries: Germany, Belgium, France, Netherlands, Austria, Italy, Portugal, and Spain. The delivery period is 1-3 days from receipt of payment.
All prices are final prices in euros, i.e., they include all price components and also statutory German sales tax.
In addition to the quoted prices, we charge a shipping fee per order of EUR 10 within Germany, EUR 30 for the following countries: Belgium, France, Netherlands, Austria, Italy, Portugal, and Spain.
If the goods are shipped to countries outside the European Union (EU), other costs in the form of taxes and customs duties may also be incurred and are to be borne by the customer.
3. Conclusion of Contracts / Contractual Language / Correction of Entry Errors
Presentation of the articles does not constitute a legally binding offer but an invitation to the customer to submit a binding offer to us. The customer may submit this offer by telephone, letter, or online by sending the articles placed in the shopping bag (clicking the "Order with obligation to pay" button). After receipt of the order, the customer will automatically receive an email documenting the offer made (order). This email merely confirms receipt of the order; no contract has been formed yet (except for payment methods cash in advance and PayPal).
A binding contract is not concluded until we accept the customer's offer by letter, fax, email, or by dispatching the goods within five days. If cash in advance or PayPal is selected, the contract of sale becomes effective with the email confirming receipt of the order.
Contracts are concluded solely in German.
Entry errors can be corrected before submitting the order using the provided means on the online shop and via standard keyboard/mouse functions. When clicking the "Order with obligation to pay" button, a binding order (offer) is placed, and entry errors cannot be corrected after that stage.
4. Terms of Payment
The customer can choose between the following payment methods:
Cash in advance:
Payment is made in advance by bank transfer within 10 days from the request for payment. Goods are shipped within the agreed delivery period once payment is credited to our bank account.
PayPal:
Payment is made directly via the PayPal account. Goods are shipped within the agreed delivery period once our PayPal account is notified of the payment.
Credit card:
The credit card is debited when the ordered goods are shipped.
The customer only has a right of retention if the counter-claim arises from the same contractual relationship. The right of offset exists only if the counter-claim is undisputed, declared final and binding by a court, or acknowledged by us.
5. Reservation of Title
Until complete payment, the supplied goods remain the property of OSKA Shop Hamburg.
6. Cancellation Instructions
Right to cancellation
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day you or a third party named by you, other than the forwarding agent, took possession of the last part consignment or the last item.
To exercise your right to cancellation, inform us (OSKA Hamburg, Große Bleichen 31, D-20354 Hamburg, Fax: +49 / (0)40 / 350 198 67, Email: hamburg@oska.com) by an unequivocal declaration (e.g., letter, fax, or email) that you have decided to cancel your contract. You may use the attached specimen cancellation form if you wish.
You will duly observe your cancellation time limit if you dispatch your declaration before the applicable deadline.
Consequences of cancellation
If you cancel this contract, we are required to promptly refund all amounts received from you, including delivery charges (except additional costs attributable to your chosen delivery method). The refund will be made within fourteen days of receiving your cancellation notice via the original payment method unless otherwise agreed. We may defer the refund until the articles are returned or proof of dispatch is provided.
You must promptly send the articles back or hand them over to us within fourteen days of notifying us of your cancellation. The deadline is met if you dispatch the articles before the fourteen-day period expires.
We will bear the costs associated with the return of the articles.
You are not liable for any loss in the articles’ value except where such loss is due to improper handling not required for examining the condition, properties, or working order.
Specimen Cancellation Form
(If you wish to cancel your contract, please return this form after completing it:)
* OSKA Hamburg, Große Bleichen 31, D-20354 Hamburg, Fax: +49 / (0)40 / 350 198 67, Email: hamburg@oska.com:
* I/we (*) hereby cancel the contract entered into by me/us (*) on the purchase of the following article(s) (*)/ the provision of the following service (*):
| * Date of order (*)/Date of receipt (*) |
_______________________________________ |
| * Name(s) of the consumer(s) |
_______________________________________ |
| * Address(es) of the consumer(s) |
_______________________________________ |
* Signature(s) of the consumer(s)
(only if transmitted on paper) |
_______________________________________ |
| * Date |
_______________________________________ |
(*) Delete if inappropriate.
7. Warranty
The statutory warranty regulations apply. For warranty claims or questions, please contact:
Letter: OSKA Shop Hamburg; Große Bleichen 31; 20354 Hamburg
Fax: +49 (0)40/ 350 198 67
Email: hamburg@oska.com
8. Saving of Contract Text
We do not store the contract text, and it cannot be retrieved after the order process is completed. However, you can print the order data immediately after sending them.
9. Governing Law / Legal Forum
The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall govern. This choice of law is applicable provided it does not deprive the afforded protection by obligatory provisions of the law of the customer's usual place of residence.
If the customer is a merchant, public-law entity, or special fund within the meaning of the German terms (Section 38 German Code of Civil Procedure) and has concluded the contract in this capacity, Munich is agreed as the exclusive legal forum for all disputes under this contract. We also reserve the right to sue the customer at a different statutory legal forum.
Imprint / Provider Identification (Section 5 German Telemedia Act) / Contractual Partner
OSKA Hamburg
Große Bleichen 31
20354 Hamburg
Telephone: +49 (0)40/ 350 198 66
Fax: +49 (0)40/ 350 198 67
Email: hamburg@oska.com
Sales tax identification number (Section 27a German Sales Tax Act): DE 135 721 708
Represented by the managing director: Sybille Nann-Deckert