General Terms and Conditions

Dear Customer,

We run a website under the domain name http://www.ottmar-hoerl.de, and offer products for purchase on the internet via these pages. These Terms and Conditions, as amended from time to time and valid at the time the order is placed, shall solely govern any business relationship between Internet Shop Ottmar Hörl and the Customer.

Sec. 1 Product selection

This online shop allows you to select and order products offered on these web pages. In each case, the corresponding item page shows a separate product specification for each product. In addition, a printed version of this product specification will be provided when the items ordered are delivered. On the web page, you may click on the products you wish to order. The products are collected in a virtual shopping basket and you receive a summary of the products at the total price, including value added tax, at the end of the purchase process.

Sec. 2 Conclusion of contract

2.1 The product offers made in our online shop are subject to change, and do not represent a business proposal in a legal sense. They shall only constitute an invitation to the Customer to make an offer on the part of the Customer. By clicking "Add to basket", you may place the items in the virtual shopping basket. This process shall remain non-binding and does not constitute an offer to enter into a contract. Before placing your order, the items of your order and your customer data will be summarised on the screen. You may modify all the order details using the corresponding input fields.

2.2 By clicking the "Buy now" button, you make a binding offer to enter into a purchase agreement with us.

2.3 Once the order has been placed, you will receive an automatically generated e-mail message confirming receipt of your order as well as all the details of the order (confirmation of receipt). This confirmation of receipt does not yet represent the acceptance of a contract on our part. The contract will only come into force once we send you an order confirmation or deliver the goods. In the event that we do not accept your order, we will send you an e-mail message to that effect.

2.4 You may save or print out these General Terms and Conditions at any time by clicking the "Save" or "Print" buttons of your browser. The same applies to the Model Revocation Form. You may save and/or print out the details of your order once you have placed your order; using the "My account" feature, you may view your order at any time later.

2.5 We will also supply you with the terms of the contract including these General Terms and Conditions and the Model Revocation Form by e-mail once you have placed your order.

Sec. 3 Instructions for Revocation

Right of revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days, taking effect on the day (1) on which you, or a third party nominated by you, which is not the carrier, had taken possession of the product(s), provided you had ordered one or more products as part of a standard order and this product is/these products are delivered in one single delivery; (2) on which you, or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products as part of a standard order and these products are delivered in separate deliveries; (3) on which you, or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product which is delivered in several part deliveries or units. To exercise your right of revocation, you are required to inform us at:

Cornelia Regner-Hörl, c/o Internet Shop Ottmar Hörl, Kembacher Straße 9, 97877 Wertheim, Germany / shop@ottmarhoerl.de / Tel. 0049 (0) 93 97-328 / Fax 0049 (0) 93 97-639

by sending an unequivocal declaration of your decision to revoke this contract (e.g. either by letter sent by post, facsimile, or e-mail message). To do so, you may use the attached model revocation form; however, this is not mandatory.

You may also electronically complete, and send us, the Model Revocation Form provided on our website, www.ottmar-hoerl.de, or any other unequivocal declaration to this effect. Should you choose this option, we will confirm receipt of such revocation without delay (e.g. by sending you an e-mail message). The revocation period shall be deemed observed if you send the notification on exercising your right of revocation before the revocation period has expired.

Consequences of revocation
If you revoke this contract, we shall repay all the payments which we received from you, including the delivery costs (except for any additional costs which arise from the fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), without delay, and, at the latest, within fourteen days from the day on which we received your notification on revoking this contract. For such repayment we shall use the same payment method that you had used for the original transaction, unless expressly agreed with you otherwise; you will not be charged any fees regarding such repayment.

We may refuse repayment until the products are returned to us, or until you have provided evidence of having sent the products back to us, depending on whichever is earlier.

You are obligated to send back, or transfer, the products to us (Cornelia Regner-Hörl, c/o Internet Shop Ottmar Hörl, Kembacher Straße 9, 97877 Wertheim, Germany) without delay and, in any case, within fourteen days at the latest, taking effect on the day on which you notified us of the revocation of this contract. The deadline shall be deemed observed if you send the products before the fourteen-day deadline has expired.

You shall bear the direct costs for returning the products. The costs are estimated at an amount not exceeding approx. 50 euros.
You are obligated to pay for any depreciation of the products only if this depreciation may be attributed to any handling of the products that was not required for checking their condition, features, or functionality.

Exemption:
The right of revocation does not apply to contracts for the delivery of products (1) which are not prefabricated and for whose manufacturing an individual selection or specification by the consumer is important, or (2) which are clearly tailored to the personal requirements of the consumer.

Sec. 4 Prices and shipping costs

The list prices apply as quoted on our web pages at the time of ordering. The prices include value added tax, exclusive of costs for packaging and shipping. The applicable packaging and shipping costs are displayed on the summary page before you place your order.

Germany (including legal VAT)
Germany

Logistics provider: GLS (duration: 1-2 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
0,3 kg4,00 €
3,0 kg6,00 €
5,0 kg8,00 €
10,0 kg10,00 €
15,0 kg18,00 €
20,0 kg22,00 €
16,00 €45,00 €

EU (including legal VAT)
Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Logistics provider: GLS (duration: 2-4 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg16,00 €
10,0 kg22,00 €
32,00 €65,00 €

Non-EU Switzerland (excluding legal VAT)
Switzerland

Logistics provider: GLS (duration: 5 to 8 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg26,00 €
10,0 kg30,00 €
45,00 €on request

Non-EU 3 (excluding legal VAT)
Åland, Albania, Andorra, Belarus, Bosnia and Herzegovina, Canary Islands, Ceuta, Cyprus, Faroe Islands, Georgia, Gibraltar, Greenland, Island, Kosovo, Liechtenstein, Macedonia, Melilla, Moldova, Montenegro, Norway, San Marino, Serbia, Turkey, Ukraine, Vatican City

Logistics provider: DHL (duration: 8 to 15 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg34,00 €
10,0 kg42,00 €
on requeston request

Non-EU 4 Russia (excluding legal VAT)
Russian Federation

Logistics provider: DHL (duration: 8 to 15 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg35,00 €
10,0 kg42,00 €
on requeston request

Non-EU 5 USA/Canada (excluding legal VAT)
Canada, USA

Logistics provider: GLS (duration: 5 to 8 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
3,0 kg87,00 €
5,0 kg118,00 €
10,0 kg214,00 €
on requeston request

Advice for customers in the US:
Order your original sculptures by Ottmar Hörl from Musart Boutique and profit from better shipping terms.

Non-EU 6 (excluding legal VAT)
Algeria, Armenia, Azerbaijan, Egypt, Israel, Jordan, Kazakhstan, Lebanon, Libya, Morocco, Palestine, St. Pierre + Miquelon, Syria, Tunisia

Logistics provider: DHL (duration: 8 to 15 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg42,00 €
10,0 kg56,00 €
on requeston request

Non-EU 7 China (excluding legal VAT)
China

Logistics provider: DHL (duration: 8 to 15 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg47,00 €
10,0 kg63,00 €
on requeston request

Non-EU 8 (excluding legal VAT)
Afghanistan, Angola, Anguilla, Antigua and Barbuda, Argentina, Aruba, Ascension, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda, Bhutan, Bolivia, Botswana, Brazil, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Côte d’Ivoire, Cuba, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, FK, French Guiana, Gabon, Gambia, the, Ghana, Grenada, Guadeloupe, Guam, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, India, Indonesia, Iran, Iraq, Jamaica, Japan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Lesotho, Liberia, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Martinique, Mauritania, Mauritius, Mexico, Micronesia, Mongolia, Montserrat, Mozambique, Myanmar oder Burma, Namibia, Nauru, Nepal, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, North Korea, Northern Mariana Islands, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn islands, Puerto Rico, Qatar, Réunion, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, São Tomé, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, South Korea, South Sudan, Sri Lanka, St. Helena, Sudan, Suriname, Swaziland, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Turkmenistan, Turks and Caicos Islands ​, Tuvalu, Uganda, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Virgin Islands, Wallis und Futuna, Yemen, Zambia, Zimbabwe

Logistics provider: DHL (duration: 8 to 15 business days)

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
5,0 kg50,00 €
10,0 kg66,00 €
on requeston request

on request
Mayotte, Palau, Western Sahara

Max. weight / PriceOversized parcel (small)Oversized parcel (large)
on requeston request

Sec. 5 Delivery, delivery restrictions, enquiries

5.1 We shall deal with your order straight away. Should the items ordered be temporarily out of stock, we shall let you know by sending you a message. Insofar as the items are instantly available, we shall deliver them within seven working days from the day of receipt of your order.

5.2 We do not ship to: East Timor, Ivory Coast, Niue, Somalia, Western Sahara

Enquiries about your order/Complaints management
We shall deal with any enquiries concerning orders effectively placed, or any complaints that you may have, without delay including a suggestion for a way of handling the matter.
Please address your queries/complaints to:
Cornelia Regner-Hörl
Ottmar Hörl Office
Kembacher Straße 9 | 97877 Wertheim | Germany
E-mail: cornelia.regner-hoerl@ottmarhoerl.de

Sec. 6 Terms of payment

We shall provide an invoice for the products ordered, either upon delivery together with the items ordered, or by separate mail. Deliveries within Germany may be effected against advance payment or on account (invoice); foreign deliveries are solely effected against advance payment. The prices shown on the invoice are consumer prices, inclusive of value added tax. The amount invoiced must be paid within fourteen days of receipt of the invoice at the latest.

Sec. 7 Retention of title

The delivered goods remain our property until full and final payment.

Sec. 8 Warranty

Our products are subject to statutory warranty rights. You may exercise these rights by notifying us of any defects pertaining to the item ordered, and returning the item at our expense to us at:

Ottmar Hörl 
c/o Cornelia Regner-Hörl
Urpharer Weg 8 | 97877 Wertheim | Germany

Sec. 9 Force majeure

In the event that we cannot deliver due to force majeure (including war, natural disasters), we shall be released from our performance obligation for the duration of such circumstance. In case we cannot fulfil the order or delivery of the goods for more than a month due to force majeure, you shall be entitled to withdraw from the contract. In this case, your obligation to pay shall also be waived.

Sec. 10 Data protection

We collect, store, and use your personal data solely in accordance with the stipulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). In this section, we wish to inform you about the type, scope and purpose of collecting, processing and using these data.

Data collection and processing
Each time a user accesses our website or files made available on our website, the data about these processes is stored in a log file. Data is retained for internal technical and statistical purposes only. The following data will be stored: name of the file accessed, date and time of access, volume of data transferred, notification whether file was successfully accessed, browser type and requesting domain. Furthermore, the IPs of requesting computers are also logged. Personal data beyond the information mentioned above is collected only if the website user and/or customer voluntarily provides information, for instance, when (1) posting an enquiry, (2) registering, (3) concluding a contract, or (4) through their browser settings.

We use cookies on our website. A cookie is a small data file that is sent with pages from this website and is saved through the website user's and/or customer's browser onto their computer's hard drive. The information stored in the cookie can be sent back to our servers during a subsequent visit to our site. The server may then analyse the information obtained in this manner in various ways. Cookies may control internet ads or facilitate navigation on a website. Should the website user and/or customer wish to prevent cookies being saved on their hard disk, they may do so by locally altering the settings of the web browser installed on their computer, i.e. the program used for retrieving and viewing web pages (e.g. Internet Explorer, Mozilla Firefox, Opera or Safari).

Use and disclosure of personal data
If you provide us with personal data, such data will only be used for processing the website user's and/or customer's enquiries, for implementing contracts entered into with the website user and/or customer, and for technical administration purposes. We disclose, or transfer, personal data to third parties only if this is required for (1) the purposes of implementing the contract, (2) invoicing purposes, or (3) after the website user and/or customer has given us their consent. At any time, the website user and/or customer is entitled to withdraw their consent given with effect for the future.
Personal data that has been stored will be deleted as soon as (1) the website user and/or customer withdraws their consent to its storage, (2) when they are no longer required to serve the purpose it was stored for, or (3) if its storage is not permitted due to other statutory reasons. Data stored for invoicing or accounting purposes shall not be subject to a request for deletion.

Right of information
Upon receiving a written request, we shall provide the website user and/or customer with information on the data we have stored about them. Please direct your queries to the contact address given in our Legal information.

Sec. 11 Applicable law, dispute resolution procedure

11.1 The law of the Federal Republic of Germany applies to the entire contractual and legal relationship between us and the customer. Consumers whose habitual residence is outside Germany may take recourse to the statutory provisions and rights applicable under the law of their country of residence. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.

11.2 We are neither willing, nor obligated, to participate in dispute resolution proceedings before a consumer arbitration body.

 

Sec. 12 Final provisions

The contract language is German. Any individual provision in these General Terms and Conditions that should prove invalid or unenforceable shall not affect the validity of the remaining provisions. Such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and comes as close as possible to the economic intent of the contractual partners.

Valid as of: 08/2015