General Terms and Conditions (GTC) and Customer Information
of OSKA Shop Hamburg
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 to us by telephone, by letter or on the online shop by sending the articles placed in the shopping bag (clicking the "Order with obligation to pay" button). After receipt of his or her order on the online shop, the customer will automatically receive an email documenting the offer he or she has made (order). This e-mail merely confirms that we have received the order; no contract has yet come about as a result (apart from payment method cash in advance and PayPal).
A binding contract between the customer and us is not concluded until we accept the customer's offer by letter, fax or e-mail or by dispatching the goods within five days. If you selected cash in advance or PayPal as the payment method, the contract of sale became effective with the e-mail confirming receipt of your order.
Contracts are concluded solely in German.
You can correct entry errors before submitting your order using the means provided on the online shop and also via the usual functions of your keyboard/mouse. When you the "Order with obligation to pay" button, you place a binding order (offer) 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:
You pay in advance by bank transfer within 10 days from the request for payment. We ship the goods within the agreed delivery period once payment has been credited to our bank account.
PayPal:
You pay directly via your PayPal account. We ship the goods within the agreed delivery period once our PayPal account has been notified about receipt of your payment.
Credit card:
Your credit card is debited when the ordered goods are shipped.
The customer only has a right of retention if his or her counter-claim arises from the same contractual relationship. The customer only has a right of offset if the counter-claim is undisputed, declared final and binding by a court of law, 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 when you or a third party named by you other than the forwarding agent took possession of the last part consignment or of the last item.
To exercise your right to cancellation you are required to inform us (An OSKA Hamburg, Große Bleichen 31, D-20354 Hamburg, Telefax: +49 / (0)40 / 350 198 67, E-Mail: hamburg@oska.com) by way of an unequivocal declaration (e.g. by letter post, telefax or e-mail) that you have decided to cancel your contract. You may – but are not obligated to - use the attached specimen cancellation form for the purpose.
You will duly observe your cancellation time limit if you dispatch your declaration before the applicable deadline runs out.
Consequences of cancellation
If you cancel this contract we are required to promptly refund to you all amounts we have received from you complete with delivery charges (except for such additional costs as are attributable to the fact that you have chosen a mode of delivery other than the most favourable standard mode offered by us). We are required to make the refund not later than within fourteen days of the day when the notice of your cancellation of this contract was received by us. The refund will be made by the same payment method that you used in the original transaction except if expressly agreed with you otherwise. In no event are we going to charge you in connection with our refund. We are free; however, to defer the refund until the articles have been returned to us or until you have furnished proof that you have dispatched them to us, whichever is the earlier.
You are required to promptly send the articles back or hand them over to us and to do so in any event not later than within fourteen days of the day when you advised us of the your cancellation. The deadline is deemed observed if you dispatch the articles prior to the expiry of the fourteen-day time limit.
We will bear the costs associated with the articles’ return.
You will not be liable for any loss in the articles’ value except where such loss is due to the fact that the articles were handled in a manner not required for examining their condition, properties or working order.
Specimen Cancellation Form
(If you want to cancel your contract, please return this form after completing it:
* An OSKA Hamburg, Große Bleichen 31, D-20354 Hamburg, Telefax: +49 / (0)40 / 350 198 67, E-Mail: 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. In the event of a warranty claim, or if you have any questions, please contact:
Letter: OSKA Shop Hamburg; Große Bleichen 31; 20354 Hamburg
Fax: +49 (0)40/ 350 198 67
E-mail: hamburg@oska.com
8. Saving of Contract Text
We do not store the contract text and it can no longer be retrieved after the order process has been completed. However, you can print out the order data immediately after you send them.
9. Governing Law / Legal Forum
The law of the Federal Republic of Germany with the exclusion of the United Nation laws on the international sale of goods (CISG) shall be the governing law. This choice of law shall only be applicable insofar the afforded protection is not deprived by obligatory provisions of the law of the state in which the customer has his or her usual place of residence.
If the customer is a merchant, public-law legal entity or a 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
E-mail: 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
