Terms and Conditions


General Terms  and Conditions of Sale / Right of Cancellation
of Hornung OSP, 88697 Bermatingen, Germany

Note:  In the event of any deviations resulting from the translation, the formulation set forth in the German version shall prevail. 

§ 1 Scope and Definitions
§ 2 Contract partners
§ 3 Offers and prices
§ 4 Orders and contract conclusion
§ 5 Distance selling contracts, Right to cancel and cancellation period
§ 6 Payment, maturity, late payment
§ 7 Reservation of proprietary rights and liability for compensation
§ 8 Warranty regulations
§ 9 Copyrights and patent rights
§ 10 Privacy
§ 11 Other agreements
§ 12 Packaging Ordinance
§ 13 Online Dispute Resolution
§ 14 Cancellation instructions for distance selling contracts


§ 1 Scope and Definitions
1. Delivery of goods, workshop service, and all other offers and services of Hornung OSP, Ottmar Hornung, Ziegeleistraße 36, 88697 Bermatingen, Germany are exclusively effected on the basis of the respective version of these terms and conditions that was valid when the order was placed or the agreement was concluded.
2. Terms and conditions of traders, especially purchasing conditions, are hereby not recognized, but rejected.
3. The law of the Federal Republic of Germany applies, excluding the UN sales law.
4. In these Terms & Conditions “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; “trader” means a commercial customer, a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
5. In the event of any deviations resulting from the translation of the “General terms and conditions of sale with cancellation policy” of Hornung OSP, 88697 Bermatingen, Germany, the formulation set forth in the German version shall prevail.

§ 2 Contract partners
The (purchase) agreement is concluded with Hornung OSP, Ottmar Hornung, Ziegeleistraße 36, 88697 Bermatingen, Germany, phone / fax. +49-(0)7553-919885, e-mail: info@osp-parts.de, Internet: https://www.osp-parts.de

§ 3 Offers and prices
1. Any information on our websites represents a non-binding offer to our customers who wish to obtain information regarding our range of offers and services. Errors excepted.
2. Offers to our customers apply for 14 days after their date of issuance, unless otherwise agreed and if no conclusion was drawn.
3. For articles, projects and services, that we provide or make available in the workshop area, the prices that were valid or agreed on at the time of concluding the contract shall apply.
4. All prices are, unless indicated otherwise, stated in EURO and include the legal VAT (19% VAT). Packaging and shipping costs are additionally charged. For traders net prices plus packaging, shipping, legal VAT (and if needed freight insurance costs) are valid.

§ 4 Orders and contract conclusion
1. Order inquiries, requests for quotations and special manufacturing requests can be submitted informally by e-mail, fax, letter, telephone or in person.
2. A purchase contract is only concluded with our written confirmation (e.g. by e-mail, fax or letter).
3. We will confirm any additional verbal agreement in writing.

§ 5 Distance selling contracts, Right to cancel and cancellation period
1. Consumers may cancel a distance or off-premises contract (conclusion of a sales contract via e-mail, fax or phone) at any time in the cancellation period. Information about the cancellation instructions are in  “§ 13 Cancellation instructions for distance selling contracts”
2. Consumers can cancel the contract within 14 days without giving any reason and without incurring any liability.
3.The cancellation period ends at the  end  of 14  days  after  the  day on  which  the  contract is entered into. If the contract is a sales contract and none of §5.5. to 5.6. applies, the cancellation period  ends  at  the  end  of  14  days  after  the  day  on  which  the  goods  come  into  the  physical possession of the consumer, or a person, other than the carrier, identified by the consumer to take possession of them.
4. If the contract is a sales contract under which multiple goods are ordered by the consumer in one order but some are delivered on different days, the cancellation period ends at the end of 14 days after the day on which the last of the goods come into the physical possession of the consumer, or a person, other than the carrier, identified by the consumer to take possession of them.
5. If the contract is a sales contract under which goods consisting of multiple lots or pieces of something are delivered on different days, the cancellation period ends at the end of 14 days after the day on which the last of the lots or pieces come into the physical possession of the consumer, or a person, other than the carrier, identified by the consumer to take possession of them.

§ 6 Payment, maturity, late payment
1. Consumers can effect the payment of goods or services either cash on collection, by an advance payment or cash on delivery. Traders will receive an invoice with a payment period of 14 days, after receipt of the goods, without deductions or discounts.
2. In particular cases we reserve the right to exclude certain payment methods or demand payment in advance.
3. In the case of payment on account you are obliged to settle the invoice within 14 days after receipt of the goods or services. The date by which we expect the payment (term of payment), is noted on the invoice. If you fall behind with your payments, we reserve the right to charge reminder fees.
4. See written invoice for bank details. Please enter your name and invoice number as reason for payment.
5. You are only entitled to offset if your counter claims are undisputed or have been established in court or are acknowledged by us in writing.
6. You may only exercise your right of retention if the claims result from the same contractual relationship.
7. Regulations about the right of retention if customers exercising their right of cancellation are stated in “§13 Cancellation instructions for distance selling contracts”.

§ 7 Reservation of proprietary rights and liability for compensation
1. Until full payment, the goods will remain the property of Hornung OSP, Ziegeleistraße 36, 88697 Bermatingen, Germany.
2. When exercising your right of cancellation (see cancellation instructions), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. “Unnecessary handling” means if the inspection and testing of the goods goes far beyond to a common testing and trying of the goods, as it is possible and customary in a retail store.

§ 8 Warranty regulations
The statutory provisions apply.

§ 9 Copyrights and patent rights
1. We retain the right of ownership and copyright on all offers and cost estimates prepared by us, including all drawings, sketches, designs, and documents. They must not be presented to third parties or competitive companies and may not be duplicated. Exceptions require our written confirmation. At our request cost estimates have to be returned completely with all attachments.
2. For all drawings, sketches, designs, samples and documentation submitted to us, the client (referred to as customer or buyer in our terms and conditions) is responsible with regards to the existence of a right of reproduction and that no trademark rights of third parties are violated. This also applies to individual and special designs according to the customer's request. However, if we notice or are informed about a concrete violation of copyright or patent rights, the execution of the relevant contract is rejected, or immediately discontinued. If the manufacture and delivery of ordered items is prohibited by a third party - with reference to trademark rights - we are entitled to suspend any further activity without notice. If the fault can be attributed to the customer (consumer or trader), we are entitled to demand compensation. In addition the customer or purchaser is obliged to immediately hold us free from any third-party claims in connection therewith.

§ 10 Privacy
Please click here for details on our privacy policy.

§ 11 Other agreements
Should individual provisions of these terms and conditions be or become wholly or partially invalid, the validity of the remaining provisions is not affected. Any invalid provision will be replaced by the legally effective conditions that the contracting parties would have agreed upon, had they been aware of the legal situation at the time of conclusion of the contract, taking into account the intent and purpose of these terms and conditions, in order to bring about the desired economic result.

§ 12 Packaging Ordinance
In the event of any supply of goods Hornung OSP in 88697 Bermatingen, Germany only uses packages that meet the legal requirements according to § 6 Packaging Ordinance, through participation in the nationwide dual disposal and return system in Germany.

§13 Online Dispute Resolution
For Online Dispute Resolutions there is the European Commission's online dispute resolution platform available at: https://webgate.ec.europa.eu/odr/ Externer Link. In case you might be displeased with our deliveries and services, please contact us directly. Hornung OSP does not, in principle, participate in dispute resolution proceedings at a consumer protection center and is not obliged to do so by the legislator. Our contact: info@osp-parts.de

§ 14 Cancellation instructions for distance selling contracts

-- Instructions for Cancellation –

Right to cancel: 
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us (Hornung OSP, Ottmar Hornung, Ziegeleistraße 36, D- 88697 Bermatingen, Germany, Fax: +49-7553-919885, E-Mail: info@osp-parts.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

Effects of cancellation:
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than if there were no goods supplied, 14 days after the day we receive back from you any goods supplied, or 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusions of the right to cancel:
The right of cancellation does not apply to distance selling contracts regarding the delivery of goods that are produced according to customer’s specifications or are clearly tailored to personal needs or prepared according to individual production requirements (e.g. single-unit and special productions).

The right of cancellation applies only for consumers and not for traders or commercial customers.


As of  24.05.2018



Model cancellation form


(If you wish to withdraw from the agreement, please fill in this form and send it back to)


An:
Hornung OSP / Industrial Model Making           Fax:  +49-(0)7553-919885
Ottmar Hornung                                                E-Mail:
info@osp-parts.de 
Ziegeleistraße 36
88697 Bermatingen
Germany

 


(I/We (*) hereby give notice that I/We (*) cancel my/our (*)  contract of sale
of the following goods (*)  /for the supply of the following service (*),:

 

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

 


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.


 PDF Dokument Download "Model Cancellation Form" as PDF- document